Epage Suwaris vs Diyapaththugama Vidanelage Hendrick Samarasinghe et al. – SC APPEAL NO. 161/2015-2017

In the case between Epage Suwaris (Plaintiff) and Diyapaththugama Vidanelage Hendrick Samarasinghe (deceased), his heirs, and others (Defendants), the core legal issue concerned the identification of the land intended for partition. It was determined that the land described in the plaint (“Delgahawatta”) was not the same as that which was subsequently surveyed and set out in the preliminary and title plans, with key inconsistencies in boundaries, extent, and nomenclature. The requirements under Sections 16 and 18 of the Partition Law mandate precise identification of the corpus to be partitioned. Upon review of survey evidence and established precedents, the Supreme Court held that the lower courts had erroneously proceeded on the basis of incorrect identification of the land. As a result,