Elizabeth Perera vs. Vithanage – sllr 2021 volume 3 page 532

In the case between Elizabeth Perera (Plaintiff-Appellant) and Vithanage (Defendant-Respondent), the court addressed the central issue of proof of title in a rei vindicatio action and the proper application of prescription in title disputes. It was held that the plaintiff, to succeed in a rei vindicatio action, must first establish title to the property before the burden shifts to the defendant to prove a valid defense. The court determined that the plaintiff had duly established ownership through a Final Partition Decree, while the defendant’s reliance on an unproved claim of prescription based on the mother’s alleged title was without merit. The legal principle reaffirmed is that a plea of prescription must be specifically raised and supported by evidence at trial; absent such pleading a