Sumanawathie vs Jayathilake – sllr 2015 volume 1 page 213

In the case between Sumanawathie (substituted for the deceased Hangidigedara Thilakaratne) and Jayathilake, the court considered whether valid title to Lot No. 4 was derived by the plaintiff under the final partition decree, given the series of deed transfers that occurred during ongoing partition proceedings. The issues addressed included the efficacy of transfers executed before the final partition decree, the operation of the doctrine of exceptio rei venditae et traditiae, and the plaintiff’s burden of proof in a rei vindicatio action. It was determined that title could not pass through deeds executed prior to the final partition decree when the vendors had no vested interest, and the plaintiff failed to establish ownership to Lot No. 4. The court reaffirmed the principle that the plain