AZWER VS. SILVA AND OTHERS

COURT OF APPEAL
H. N. J. PERERA, J.
CA 261/99(F)
DC 16769/L
JULY 23, 2013

Rei Vindicatio action - Prescription Ordinance, Section 3 - What is possession? - Proof of possession - Payment of rates?

Held:

(1) In a rei vindicatio action the burden is on the plaintiff to establish title pleaded and relied on by him. The defendant need not prove anything.

'An important feature of the action Rei Vindicatio is that, it has to necessarily fail if the plaintiff cannot clearly establish his title.

(2) mode of prescriptive possession - mere general statements of witnesses that the plaintiff possessed the land in dispute for a number of years exceeding the prescriptive period are not evidence of the uninterrupted and adverse possession necessary to support a title by prescription. It is necessary that the witness should speak to specific facts and the question of possession has to be decided thereupon by Court. The occupation of the premises must be such character as is incompatible with the title of the owner.

(3) mere statements of a witness - I possessed the land - we possessed the land - I planted bushes and vegetable