20 December 2022 12:00 am Views - 331
By Lakmal Sooriyagoda
The Supreme Court in its recent judgement relating to a land dispute case held that no prescriptive rights operate against temple properties in accordance with the prevailing laws in the country.
Accordingly, the Supreme Court dismissed an appeal filed by a layman who claimed that he had acquired a prescriptive title to a temple land in Galle. The Supreme Court held that in terms of section 34 of the Buddhist Temporalities Ordinance, no prescription operates against temple properties.
Ven. Habarakada Soratha Thera, the Chief Incumbent of Sri Wardhanarama Purana Viharaya, Kaluwella in Galle had filed an action in the District Court of Galle against the layman defendant seeking a declaration that the questionable land belongs to the Viharaya, a declaration that he is the controlling Viharadhipathi of this temple, ejectment of the defendant from the land.
The defendant had filed answer seeking prescriptive title to the land. After trial, the District Court dismissed the Chief Incumbent Thera’s action on the basis that he had not proved title to the land, and entered judgement for the defendant on the basis that the defendant had acquired prescriptive title to temple land. On appeal, the High Court of Civil Appeal set aside the judgement of the District Court and entered judgement for the plaintiff Thera of the temple except damages. Being aggrieved by the judgement of the High Court of Civil Appeal, the defendant had filed this appeal with leave obtained from the Supreme Court. It was revealed that the title deed of the temple is a deed, which has been executed in 1838 (184 years ago). According to the Chief Incumbent Thera, this land had been given on mortgage by succeeding Viharadhipathies to the defendant’s father, mother. These deeds were marked without any objection and they had been executed successively in 1937, 1951, 1961, 1971, 1977, 1978 and 1999. Prescription is the acquisition of an easement, over the property of another, through adverse use of that property for a considerable period of time.