Samayawardhena, J.

Introduction The plaintiff filed this action in the District Court of Galle on 27.06.1974 seeking a declaration of title to, ejectment of the three defendants from, the land described in the schedule to the plaint, and damages. As evidenced from issue Nos. 24 and 35 raised at the trial, the 1st defendant claimed prescriptive title to the land, while the 2nd and 3rd defendants asserted that they came to the land with the leave and licence of the 1st defendant’s father. After trial, the District Court dismissed the 1st defendant’s prescriptive claim and entered judgment for the plaintiff. This was affirmed by the High Court of Civil Appeal of Galle by judgment dated 19.05.2015. Hence this appeal by the 1st defendant to this Court.

This Court has granted leave to appeal on two questions of law:

(a) Did the High Court of Civil Appeal err in law in failing to consider that the plaintiff’s action is prescribed in law?

(b) Did the High Court of Civil Appeal misunderstand the interim settlement reached in case No. LN 6699?

Was the plaintiff’s action prescribed in law?

The first question of law, in my view, is misconceived in law, as there is no time period within which an owne