Inoka Sulari Nissanka Vs. Stela Karmon Nissanka – SC APPEAL 104/2015-2023

Brief
In the case between Inoka Sulari Nissanka and Stela Karmon Nissanka, Nissanka Appuhamilage Kema Senehelatha Nissanka, and G. G. Krishantha Sisira Pathirana, the court addressed the issue of co-ownership claims and adverse possession over the land known as “Ambagahamulawatte” stemming from familial inheritance. It was determined that the 2nd and 3rd Defendants failed to prove prescriptive title overriding the rights of the Plaintiff and the 1st Defendant, as no ouster or clear commencement of adverse possession was established. The findings reaffirmed the principle that co-ownership alone does not constitute adverse possession unless exclusive possession and ouster are clearly evidenced. The decision relied upon legal doctrines governing inheritance, co-ownership, and the evidentiary