Sirajudeen and Two Others v. Abbas – sllr 1994 volume 2 page 365

In the case between Sirajudeen and Two Others (Plaintiffs) and Abbas (Defendant), the court addressed the issue of whether the 1st Defendant established a prescriptive title under section 3 of the Prescription Ordinance by proving adverse and uninterrupted possession. It was held that the 1st Defendant failed to establish a prescriptive title, as the evidence provided regarding the duration and nature of possession was inconsistent and insufficient. The legal principle reaffirmed was that the burden of proving prescriptive title lies strictly on the claimant and cannot be satisfied by mere occupation or payment of rates; the possession must be proved to be adverse to the owner’s title. This decision relied on established case law concerning the rigorous standard of proof required for presc