Leelawathie and Others vs. Makewita – sllr 2019 volume 1 page 271

In the case between the Plaintiff (allotted Lot 5B of Dematagahamula Watta) and the Defendant (including parties who earlier participated in the partition suit), the court addressed issues arising from a rei vindicatio action following dispossession after execution of a partition decree. The core legal issues involved the res judicata effect of a final partition decree, the rejection of an application for a commission to survey under Section 428 of the Civil Procedure Code, consequences of failing to cross-examine key witnesses on land identification, and the impact of improper admission or rejection of evidence under the Evidence Ordinance. It was determined that a final partition decree confers conclusive legal title on the allottee, precluding further disputes on the same subject matter