Dias v. Yasatilaka and Others – sllr 2005 volume 3 page 169

In the case between Dias (and associated parties) and Yasatilala and others, the court addressed the validity of the registration of lis pendens and the correct identification of the land (corpus) intended for partition under the Partition Act. It was held that the lis pendens had been registered concerning a larger portion of land, while the trial judge had erroneously restricted the corpus to only lot No.1 in the preliminary plan, contrary to the description in the plaint. This finding reaffirmed the principle that proper identification of the corpus is essential for the validity of partition proceedings. The decision relied on established case law, including Grampy Appuhamy vs. Manis Appuhamy, emphasizing that a material misidentification of the subject land vitiates the proceedings. Th

REF: sllr 2005 volume 3 page 169 Category: Tag:
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