Simithra Arachchige Rohini Gunawardena and others vs Simithra Arachchige Dona Percy Rosmand Gunawardena and others – SC Appeal 10/2016-2025

This case involved an appeal by the 6th defendant against a partition action, where the appellant claimed prescriptive title to the entire land, asserting non-possession by other co-owners for over 50 years. The District Court and the Court of Appeal both dismissed the claim of ouster and prescriptive title, findings which were affirmed by the Supreme Court. The appeal questioned whether the Court of Appeal correctly applied legal principles regarding ouster in co-ownership and its review of factual findings.

Sampath B. Abayakoon, J. – It was determined that co-owner possession benefits all co-owners unless ouster is clearly proven, as per established legal precedents. Evidence indicated that any event amounting to ouster occurred in 1977, which meant the requisite 10-year prescriptive