Madawatte Kammale Samel Sirisena et al. vs. Madawatte Kammale Matheshamy et al. – SC APPEAL 82/2010-2023

In the case between the plaintiffs (a group of Madawatte Kammale claimants seeking partition of Madawatta land, including appellants such as Punchirala and others) and the defendants (including various co-owners, ninda lords, nilakarayas, and notably the Basnayake Nilame of Sabaragamu Maha Saman Devalaya), the central issue addressed was whether a partition action can be maintained in respect of land encumbered by the ancient rajakariya (service) system. It was held that paraveni nilakarayas, despite historical service obligations, possess ownership attributes recognized under Partition Law No. 21 of 1977, enabling the institution of a partition action. The principle reaffirmed established that land subject to service tenure can be partitioned, with any continuing obligations being annexed