Nilamba Arachchige Rupasiri Wasantha Perera vs Kaduharallage Wijerathna – CA 234/98-2013

The case between Kaduharallage Wijerathna (Plaintiff-Respondent) and Nilamba Arachchige Rupasiri Wasantha Perera (7th Defendant-Appellant) concerned the identification of the corpus in a partition action. The appellate court held that the identification of the land was sufficient despite minor discrepancies in extent and boundary descriptions, reaffirming the principle that partition proceedings require substantial—rather than absolute—identity of the property based on the evidence. The decision relied on an assessment of the District Court record and relevant case law, emphasizing that minor, explainable variations in old deeds do not necessitate further inquiries or recommissioning where material boundaries are aligned. The appeal was dismissed with costs.

K.T. Chitrasiri J. — It was e