Budagoda Arachchige Don Sri Lal Wijewardhana vs Budagoda Arachchige Don Deepthi Chandrawansha Wijewardhana and others – SC Appeal 150/2015-2025

In the matter of a partition action initiated by the deceased Plaintiff and contested by the substituted 5th Defendant, the court addressed the issue of corpus identification and boundary delineation for two lands, ‘Waliliyadda Kumbura’ (Land 1) and ‘Waliliyadda’ (Land 2). The Supreme Court held that there was insufficient evidence to properly identify the Northern and Southern boundaries of Land 1 and that Land 2 was improperly surveyed. This decision reaffirmed the principle that the burden of corpus identification rests with the Commissioner, requiring clear evidence and, if necessary, court directions for unclear boundaries under Section 18(1)(iii) of the Partition Law. The judgments of both lower courts were set aside, with the case for Land 1 remitted for further evidence and the act