Wijayarathna Gamage Palitha Srilal vs Wilwara Archchilage Sunethra Srimathi – SC/APPEAL/38/2011-2025

The Supreme Court of the Democratic Socialist Republic of Sri Lanka, in appeal No. SC/APPEAL/38/2011, addressed a dispute between plaintiff Wilwara Archchilage Sunethra Srimathi and defendant Wijayarathna Gamage Palitha Srilal. The plaintiff sought a declaration of co-ownership, ejectment of the defendant, and damages, contesting the defendant’s claimed right of way over her land. The defendant counterclaimed a servitude by prescription and necessity. The District Court granted a ten-foot right of way to the defendant by prescription, but the High Court later overturned this decision in favor of the plaintiff. Evidence included partition decrees, documented land transactions, and delineation of Lot boundaries, which established the respective rights of the parties. The central issue was th