Munasinghe Achchi Lekamlage Emalin Munasinghe vs. Munasinghe Achchi Lekamlage Somasiri – SC APPEAL 80/2014-2024

In the case between Munasinghe Achchi Lekamlage Emalin Munasinghe (“Chandrakanthi”) and multiple defendants including Dayawathie Gunawardena, nee Dayawathie Kalpage, the court addressed the issue of the partition of an unallotted portion of land (lot No. 6) from a previously divided estate. The main legal question pertained to the proper devolution of shares based on pedigree evidence versus the respondent’s claim of prescriptive title. It was determined that the appellant did not sufficiently prove title to the unallotted lot, primarily due to the failure to produce critical deeds supporting the claim. In consequence, the appeal resulted in a partial allowance, with specific aspects of the District Court judgment maintained. The principle was reaffirmed that a party seeking partition must