Serasinghe Vidanage Somalatha vs Aluthgamage Albert – SC APPEAL 35/2018-2023

In the case between Serasinghe Vidanage Somalatha (Plaintiff) and several Defendants, including the 8th Defendant, the Supreme Court addressed the issue of whether prescriptive title over an undivided share could be acquired by exclusive possession absent proof of an overt act of ouster among co-owners. It was held that the Civil Appellate High Court misdirected itself in awarding prescriptive title to the 8th Defendant and those claiming through her, as the evidence did not substantiate acts of ouster to defeat the Plaintiff’s co-ownership rights. The principle reaffirmed was that exclusive possession among co-owners must be proven by cogent evidence, demonstrating clear acts of ouster, before prescription can operate to extinguish the rights of other co-owners. This decision relied on es