Lulwala Hewayalage Tilanganee Weerasuriya vs Kirigalbadage Gamini Chandrasena – SC APPEAL 154/2016-2021

In the case between Lulwala Hewayalage Tilanganee (plaintiff-appellant-respondent) and Kirigalbadage Gamini Chandrasena (defendant-appellant-respondent) alongside other parties, the Supreme Court addressed the proper devolution of co-ownership in a partition action involving a 24.61-perch land parcel, focusing particularly on the evidentiary status and legal admissibility of disputed deeds. The central issue concerned whether transfer of interests via deed No. 3936 (marked “1V2”) was valid, given the lack of formal legal proof, as opposed to deed No. 451 (P3) relied upon by the plaintiff. Findings established that the trial judge’s reliance on an unproved deed constituted legal error under section 68 of the Evidence Ordinance and section 114(1) of the Civil Procedure Code. The Supreme Cour