Mustapha Asma Umma v. Rajapaksa – sllr 1985 volume 2 page 025

In the case between Mustapha Asma Umma (Plaintiff) and Rajapaksa (Defendant), the court addressed the issue of whether contesting defendants could claim prescriptive title to a specific lot (lot ‘A’) in a partition suit, where only an undivided share had been acquired through conveyance. It was held that a prescriptive title to a specific lot cannot be claimed unless independent possession for the full statutory period is established, reaffirming the principle that prescription requires exclusive possession for the required period and that possession by a transferee does not relate back to that of the prior co-owner. Reliance was placed on precedents, including Fernando v. Podisinno and Carolisappu v. Anagihamy et al, emphasizing that prescription operates only upon satisfaction of statuto