Sudath Sugeeshwara Bamunu-Arachchi vs Mahinda Dematagolla – SC APPEAL No. 80/2022-2024

The case between Sudath Sugeeshwara Bamunu-Arachchi and Mahinda Dematagolla concerned the commencement of adverse possession and the circumstances under which prescriptive rights may be acquired under Section 3 of the Prescription Ordinance. The proceedings addressed whether the starting point should be considered the date of purchase of the disputed lot or the point at which the intention to possess adverse to the plaintiff’s title was acquired, and whether possession without knowledge of the land’s true ownership could generate such rights. Earlier proceedings had ruled in favor of the plaintiff, a decision reversed by the High Court which favored the defendant on the basis that adverse possession commenced at the time of purchase. It was determined that mere physical occupation without