Pathirana vs Mohotha and Others – CA NO.258/98-2013

In the case between Hewa Pathiranage Siriwimala Pathirana (substituted-plaintiff-appellant, representing Horatal Pedige Durayalage Dharmadasa, deceased) and Dewata Tejjalage Mohotha and others (defendant-respondents), the issue arose as to whether an owner of a separately identifiable plot within a larger tract could maintain a partition action under Section 2 of the Partition Law No. 21 of 1977. It was held that a party owning a distinct and bounded land within a greater corpus is not precluded from seeking partition of the entire land, provided the property is commonly owned. The decision reaffirmed that the mere ownership of a delineated portion does not exclude one from being regarded as a co-owner under the law. The findings established that the trial judge had misdirected himself and