Maria Perera v. Albert Perera – sllr 1983 volume 2 page 399

In the case between Maria Perera (plaintiff) and Albert Perera (defendant), the court addressed the issue of whether an amicable partition, not evidenced by a formal deed or signed partition plan, can serve as the starting point for prescription, and whether exclusive possession by a co-owner, absent evidence of adverse possession or ouster, suffices to establish a prescriptive title. It was held that exclusive possession alone, without clear acts of ouster or adverse circumstances, does not meet the requirements for prescriptive title. The lower court’s judgment in favor of the plaintiff was set aside, reaffirming that co-ownership cannot be terminated by prescription unless adverse possession is distinctly established. This decision was based on the analysis of relevant legal precedents,