Haputhantrige Wimalarathne vs Gajaba Mohotti Ajantha – SC/APPEAL/144/2012-2024

In the case between Gajaba Mohotti Ajantha (Plaintiff) and Haputhantrige Wimalarathne, Thusitha Dias Jayasundara, and Udayapala Dias Abegundawardena (Defendants), the court addressed the issue of whether the defendants had established a prescriptive title to disputed land amid longstanding co-ownership. It was held that the defendants had not discharged the legal burden of proving uninterrupted and exclusive adverse possession for ten years, as required under the law, particularly within the context of co-ownership. The court reaffirmed the principle that co-owners must demonstrate clear ouster and exclusive possession against fellow co-owners to establish prescription. The decision relied on statutory provisions governing prescription and authoritative case law, emphasizing that mere poss