Premalatha Jayasuriya Vs. Buddhika Wickramasuriya – WP/HCCA/04/2016-2023

In the case between the appellant (who acquired interests in certain lots in a partition action through deeds of gift, including Deed of Gift No. 358, later revoked and re-executed) and the respondent (who was not an original party to the partition action but obtained interests in the allotted lots), the court addressed whether a person acquiring a contingent interest in land, by an irrevocable deed of gift “subject to the final decree” of a partition action, is entitled to apply for possession under the Partition Law. It was held that statutory provisions—specifically sections 52, 53, and 66 of the Partition Law—allow a person who obtains such a contingent interest to step into the position of an original party for the purpose of delivery of possession. The holding affirmed that entitleme