Nandawathie Kodituwakku vs Wanigasinghe Aratchchige Piyadasa – SC APPEAL 175/2016-2022

In the case between Nandawathie Kodituwakku nee A.R (Plaintiff/Appellant) and Wanigasinghe Aratchchige Piyadasa, Ananda Ajith Chandralal, Sumith Prasanna Rohitha, among others (Defendants/Respondents), the court addressed the issue of conflicting claims to title of the property “Arambahena.” It was held that the appellant’s claimed acquisition of title by adverse (prescriptive) possession was not legally substantiated, as the evidence established that possession commenced with the permission of the original owner, and therefore, could not be regarded as hostile or irreconcilable with ownership. Reaffirming the principle that for prescriptive title to mature, possession must be clear, hostile, and unequivocal against the true owner, the decision relied on the Prescription Ordinance and prec