Jayasekara Pathiranage Wimalarathna and others vs Jayasekara Pathiranalage Abeyrathna – CA 672/98-2013

In the case between Jayasekara Pathiranage Wimalarathna (and others) and Jayasekara Pathiranalage Abeyrathna (and others), the court addressed whether lots 1 and 2 in land Plan No.1278 marked “Y” should be included in the property to be partitioned, or excluded based on title derived from a Crown Grant dated 08.01.1923. It was held that only lots 3 and 4 should form the partition corpus, excluding lots 1 and 2, reaffirming the principle that property rights established by Crown Grant must be strictly applied when determining the extent of land to be partitioned. The decision relied on evidence of title and the precedence of the Crown Grant, emphasizing that courts must thoroughly evaluate the bounds and import of title instruments before deciding the partitions of land.

K. T. Chitrasiri J