Udage Arachchige Sirimal Kanthi Wickramasinghe vs Malawi Pathirennehelage Vajira Malkanthi – SC APPEAL 211/2015-2025

In the case between Udage Arachchige Sirimal Kanthi Wickramasinghe and Malawi Pathirennehelage Vajira Malkanthi, the court addressed the determination of title and shares in a partition action over disputed land, focusing on whether the execution and authenticity of deeds P2 and 1V1 had been proved. The central issues concerned the allocation of evidentiary burdens under Sections 68 and 90 of the Evidence Ordinance, the validity of objections regarding forgery, and the impact of prescriptive acquisition claims by 2nd to 6th Defendant-Respondents on partition entitlement. It was established that only the 1st Defendant had proved entitlement to a share based on the proper execution of deed 1V1, while the Plaintiff’s claim was unsubstantiated. The final order restored the partition action, di