Jamuni Ariyadasa vs Jamuni Nonahamy – CA NO. 435/97 F -2013

The case between Jamuni Ariyadasa and Jamuni Nonahamy concerned whether the District Court of Tangalle’s order affirming the final partition plan (Plan No. 714A, prepared by Commissioner P.M. Gamage) should be set aside in favor of an alternative plan (Plan No. 960215 by D.D.Y. Abeywardane) proposed by the 1st defendant-appellant. The dispute centered on the allocation of road frontage and the required width of an access road within the partitioned property. It was held that there was no legal basis to alter the allocation of road frontage or the width of the road, affirming the principle that partition plans sanctioned by the District Court should not be set aside lightly unless substantial injustice is shown. Reliance was placed on the adequacy of the original Commissioner’s consideratio