Gunasekera v. Tissera and Others – sllr 1994 volume 3 page 245

In the case between Gunasekera (and associated appellants/respondents) and Tissera and others, the issue centered on the partition of Batadombagahawatta, specifically whether four small lots (5B, 5C, 5D, 6B) should be included in the corpus or excluded on grounds of amalgamation, as well as the determination of prescriptive rights by the 4th Defendant over part of the property. The holding determined that the 4th Defendant had acquired prescriptive title to certain lots through exclusive and uninterrupted possession, while the remaining portions should be partitioned among co-owners. The decision reaffirmed the principle that exclusive possession, even by a co-owner, can meet the requirements of prescription if accompanied by sufficient interruption of others’ rights and factual exclusion,