Kumarapala vs Sepala Wijesundara – SC APPEAL 93/2012-2019

In the matter between Halpanadeniya Hewage Sepala alias Sepala Wijesundara (Appellant-Respondent) and Galabada Kandaamage Kumarapala (Respondent-Appellant), the Supreme Court examined the proper application of the Partition Law and Urban Development Authority Law regarding the divisibility of land allotted under a partition decree, specifically considering whether a land share allotted fell below the minimum extent required for further subdivision as mandated by statutory regulation. The central issue involved whether the plaintiff’s smaller lot qualified for division or compulsory sale, considering the minimum subdivision requirements under Schedule III, Form ‘C’ of the Urban Development Authority Law. Upon review, it was determined that the District Court’s apportionment—granting 1/8 to