Reaffirming the Foundations of Rei Vindicatio and Prescription: A Critical Analysis of Nawalage Manel Mahendra Dias & Another v. Premalatha & Others
The Supreme Court’s judgment in SC Appeal No. 77/2019 , delivered on 5 December 2025, stands out as a meticulously reasoned reaffirmation of several foundational principles of property law—particularly rei vindicatio , prescriptive title , and the nature of permissive possession . The Court, comprising Samayawardhena J., Abayakoon J., and presided by Wijeratne J., set aside the High Court’s decision and reinstated, with modification, the District Court’s judgment in favour of the Plaintiffs. This case is a textbook illustration of how Sri Lankan courts approach disputes where parties seek to defeat paper title through claims of prescription—especially when the alleged possession originates from a defeasible or permissive character. 1. Background: From Partition to Litigation The land in dispute—originally part of “Kathreege Kanaththa”—had been the subject of an earlier partition action. The 1st Plaintiff obtained Lot 4 in that partition, subsequently subdividing it into Lot...