Malgama Kankanamge Senarath Jayasinghe vs Malgama Kankanamge Gunawathie Karunaratne – CA NO. 454/96 F -2011

In the case between Malgama Kankanamge Gunawathie Karunaratne (Plaintiff-Respondent) and Malgama Kankanamge Senarath Jayasinghe (10th Defendant-Appellant), the court addressed whether the partition scheme confirmed by the District Judge, based on Surveyor Garvin de Silva’s plan, should be set aside due to the alleged omission of a right of way (foot path marked “C”), and whether an alternative scheme should be adopted. It was held that the scheme should not be set aside, as no issue regarding the right to use the path was raised at trial nor was evidence led to prove the existence of such a right. The decision reaffirmed the principle that a partition scheme proposed by a commissioner is not to be rejected unless unreasonableness is affirmatively established. The findings relied on the abs