Kuruwita Arachchillage Jagath Kumara Abeythunga vs Kuruwita Arachchillage Jayatilake Kiriporuwa – SC APPEAL 222/2016-2021

In the case between Kuruwita Arachchillage Jagath Kumara Abeythunga (Plaintiff/Respondent) and Kuruwita Arachchillage Jayatilake Kiriporuwa and Agas Pathirennehelage Gunaratna (Defendants/Appellants), the Supreme Court addressed whether the widow Baby Nona’s rights in the inherited property were confined to a life estate under Kandyan Law, or whether the general law applied, permitting her to transfer her share. The further issue examined was whether the principle of Res Judicata, based on a prior partition action (Case No. 20316/P), precluded further litigation on the same factual circumstances in the present case (Case No. 22844/P). It was held that insufficient evidence was presented to substantiate the application of Kandyan Law. The prior judgment was determined to constitute Res Judi