Reginald Fernando Vs Pabilinahamy and Others – sllr 2005 volume 1 page 031

In the case between Reginald Fernando (Plaintiff/Appellant) and Pabilinahami (Defendant/Respondent, and substituted parties), the court addressed whether the defendant occupied the disputed land under the plaintiff’s leave and license or by acquiring prescriptive title. It was held that the defendant failed to establish prescriptive title, as uninterrupted and undisturbed adverse possession was not proven. The decision reaffirmed the principle that possession under a license cannot ripen into prescriptive title absent clear, adverse possession against the licensor. The Supreme Court relied on an assessment of documentary and oral evidence, including the impact of a quit notice and the defendant’s credibility. The judgment emphasized that appellate interference with trial court findings is