Don Justin Kannangara vs Cyril Malcom Pelpola – CA APPEAL NO.1064/98-2013

The case between Cyril Malcom Pelpola (Plaintiff-Respondent) and Don Justin Kannangara, Dona Angelina Sriyani Attigalle, and Wijekoon Mudiyanselage Bandara Menika (Defendant-Appellants) concerned whether Lot “A” in Preliminary Plan No. 2077 should be excluded from the corpus of land subject to partition in D.C. Horana Case No. 2635/P. It was held that Lot A formed part of the land to be partitioned, as the boundaries and extents in the deeds and evidence were found to be consistent with its inclusion. The principle reaffirmed was that the determination of the corpus in partition proceedings is governed by the documentary and oral evidence relating to boundaries and extent, absent sufficient evidence of exclusive possession or prescriptive title. Reliance was placed on the plan, deeds produ