A. Rohini Hemalatha De Silva vs Rajapakshe Kanakasekera Mudiyanselage Menikhamy – SC APPEAL 16/2013-2024

In the case between A. Rohini Hemalatha De Silva and Rajapakshe Kanakasekera Mudiyanselage Menikhamy, the court addressed the issue of title to a defined portion of land, specifically Lot 1 of Plan No. 5817. It was determined that the plaintiffs established ownership both through documentary evidence and by prescriptive possession, thereby warranting the ejection of defendants deemed trespassers. The findings established that mere claims of co-ownership and constructive trust, unsupported by sufficient evidence, were insufficient to defeat the plaintiffs’ established title. Reliance was placed on established legal principles governing prescriptive acquisition and the effect of undisputed documentary title. This decision reaffirmed the primacy of possessing both documentary and adverse poss

REF: SC APPEAL 16/2013-2024 Category: Tag:
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