Jayakody Arachchige Naradha Jayakody vs. Wickramaarachachige Sriyawathi Jayakody – SC/APPEAL/141/2017-2024

The case between Wickramaarachachige Sriyawathi Jayakody and Jayakody Arachchige Naradha Jayakody addressed the issue of determining title and partition of disputed land. It was determined that discrepancies between partition plans were critical in assessing the plaintiff’s claim to exclusive entitlement to Lot 2. The ruling reaffirmed the principle that evidence of an amicable division must be unequivocal and that the burden of proof in a rei vindicatio action must be strictly satisfied. The decision relied on applicable evidentiary standards and established precedents, emphasizing that precise documentation is essential in land partition disputes.

Mahinda Samayawardhena J.: It was determined that the High Court erred in fact and law by accepting Plan No. 487 as evidence of an amicable