Sumanawathie v. Mahinda – sllr 1998 volume 3 page 004

In the case between Sumanawathie (Plaintiff) and Mahinda (Defendant), the court addressed whether a co-owner could construct a building on a common paddy field without the unanimous consent of all co-owners. It was held that converting the intrinsic character of co-owned property, such as constructing on a paddy field, is not permissible without the agreement of all co-owners. The principle was reaffirmed that modifications affecting the essential nature of jointly-held land require collective assent to preserve co-proprietary rights. The decision cited relevant precedents, including Elpi Nona v. Punchi Singho, emphasizing that novel or unexpected use of commonly owned property can be restrained through injunctions when the rights of other co-owners are at stake. The defendant’s applicatio