Jayapathma Herath Mudiyanselage Herath Banda vs Herath Mudiyanselage Menuhami – SC APPEAL NO.108/2014-2016

Brief
In the case between the 4th Defendant-Appellant and the Plaintiff-Respondent, originating from a partition action before the District Court of Maho, the Supreme Court addressed whether the District Judge had properly carried out the duty under Section 25(1) of the Partition Law No.21 of 1977 to investigate the parties’ title to the land. The dispute focused on the establishment of a pedigree and entitlement to lot No.1, with the 4th Defendant-Appellant asserting errors in the trial court’s investigation and the Plaintiff-Respondent defending the correctness of the findings. Upon review, it was held that the evidentiary findings regarding the pedigree and chain of title were sound, and the principle was reaffirmed that appellate courts should not disturb trial findings on credibility