Piyaseeli v. Mendis and Others – sllr 2003 volume 3 page 273

In the case between PIYASEELI (plaintiffs-respondents) and Mendis and others (including the 7th defendant-appellant), the court addressed whether, under Partition Law No. 21 of 1977 and the Civil Procedure Code, a partition decree may be based on a private agreement concerning title, and whether the trial judge fulfilled the mandatory statutory duty to investigate title. It was held that the trial judge’s judgment exhibited an inadequate investigation of title, neglecting statutory obligations under Sections 25 and 26 of the Partition Law and section 187 of the Civil Procedure Code. This decision reaffirms the legal principle that a judge in a partition action must independently and fully investigate title, irrespective of any private agreement between parties. Reliance was placed on statu