Jayasuriya Arachchige Leelawathie vs Jayasinghe Arachchige Nimal Athula and others – SC Appeal 98/2014-2025

In the matter of Jayasuriya Arachchige Leelawathie and Nanayakkara Mahanama Gamage Somapala (Plaintiffs/Appellants) and Jayasinghe Arachchige Nimal Athula et al. (Defendants/Respondents), the court addressed the issue of share allocation in a partition action, specifically concerning the number of children a predecessor in title, Juliana, had.

Janak De Silva, J. – The appeal concerned a partition action where the central dispute was whether Juliana had four or six children, impacting the allocation of shares. It was determined that the trial judge correctly concluded Juliana had four children. A revision application to the High Court was dismissed, finding no exceptional circumstances. Leave to appeal was granted on three questions of law relating to the High Court’s assessment of exce