Don Asoka Dayarathne vs T.G. Wijerathne – SC/APPEAL/101/2015-2025

In the case between Thakshila Erandi Dayarathne, Wikum Madhura Sampath Dayarathne, Chandrawathi Devasurendra Dayarathne (among others) and T.G. Wijerathne, T.G. Panditharathne, T.G. Wilson (and associated parties), the court addressed the proper identification of the disputed land (corpus) following a previous partition action. It was determined that the plaintiffs failed to accurately identify the subject land, with the evidence including the superimposition of survey plans demonstrating that the lot in question was not properly described. The earlier partition action, which had been withdrawn, was found not to preclude the current action under the doctrine of res judicata. The dismissal of the appeal reaffirmed the principle that the burden of establishing correct identification of the p