Kuruppu Arachchige Ebraham Appuhamy vs Dona Madurawathi Kuruppu – CA 39/99 F -2013

In Kuruppu Arachchige Ebraham Appuhamy (Plaintiff–Appellant) v. Weeragala Kalubowilage Don Piyatissa and Others (Defendants–Respondents), the court addressed the validity of a partition judgment where a marked discrepancy existed between the area of land described in the original plaint and the corresponding survey plan relied upon for partition. It was determined that the unexplained reduction in land area, combined with ambiguity regarding the identity of the property surveyed, rendered the interlocutory decree and judgment fundamentally flawed. The holding reaffirmed that judicial orders for partition must be supported by clear evidence that the land identified for division corresponds to that described in the plaint. The decision referred to precedence, particularly 60 NLR 337, and emp