Virasinghe v. Virasinghe and Others – sllr 2002 volume 1 page 264

In the case between Virasinghe (plaintiff-appellant) and others, including the 4th defendant-respondent, the Supreme Court addressed the issue of whether a claim based on monthly tenancy may be properly adjudicated within the scope of a partition action under Partition Law, No. 27 of 1977. It was held that although claims arising from a duly executed lease and for compensation for improvements may be determined in partition proceedings, claims anchored upon monthly tenancy fall outside such proceedings and should be addressed at the stage of execution under section 52 of the Partition Law. This holding reaffirmed the principle that partition actions must conclusively determine only such rights as are defined by statutory provisions governing partition and not extend to tenancy claims regul