Sangarapillai Navaratnarajavel vs Kandiah Naganathan – SC APPEAL 87/2010-2014

In the case between Sangarapillai Navaratnarajavel and Kangadevi (Plaintiffs-Respondents-Petitioners) and Kandiah Naganathan, Baskaradevi, Arunasalam Varnadevid, Santhanayaki, and Jesudasan Santhirabose (Defendants-Appellants/Respondents), the court addressed the applicability of the right of pre-emption under the Thesawalamai Pre-Emption Ordinance No. 59 of 1947 in circumstances involving the sale of a previously co-owned but subsequently divided land parcel. The court determined that the right of pre-emption does not arise when the property in question is no longer held in co-ownership, but rather as distinct divided parcels. Relying on the language of the Ordinance and established precedent distinguishing divided and undivided ownership, the court concluded that the appellants did not p