Kulapala and Another v. Somawathie – sllr 2001 volume 3 page 317

In the case between Kulapala and Another (Plaintiff Appellants) and Somawathie (Defendant Respondent), the court addressed the issue of whether a possessory action under Section 4 of the Prescription Ordinance must be instituted within one year of dispossession, and whether proceedings under Section 66 of the Primary Courts’ Act could substitute for this statutory requirement. It was held that a possessory action under Section 4 of the Prescription Ordinance must be instituted within one year of dispossession to entitle the plaintiff to a decree for restoration of possession without proof of title. The decision clarified that proceedings under the Primary Courts’ Act do not obviate the necessity to adhere to the time limit prescribed by the Prescription Ordinance. The Appeal was dismissed