Hewa Devage Raymond Karunathilake v. Suduwa Devage Nimal Somasiri et al. – SC APPEAL 66/16-2017

In the case between Hewa Devage Raymond Karunathilake (Plaintiff/Appellant) and Suduwa Devage parties including Egodahage Siripala Weerasiri Alwis Samarakoon (Defendant/Appellants/Respondents), the court addressed whether Lot 2 on the Preliminary Plan represented a separate land, Mahadeniya, and thus should be excluded from the corpus in a partition action. It was held that Lot 2 constituted a distinct property and was not part of the land sought to be partitioned. This holding reaffirmed that factual findings of a trial court in partition actions are to be given primacy, and appellate courts should not intervene absent a clear error of law. Relevant statutes and precedents concerning title determination and evidence in partition proceedings were cited, emphasizing that the integrity of a

REF: SC APPEAL 66/16-2017 Category: Tag:
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