Mil Ele Devage Baby Nona vs Mil Ele Gedara Wansathilake – CA 125/2000-2013

In the case between Mil Ele Devage Baby Nona (Plaintiff/Appellant) and Mil Ele Gedara Wansathilake, Mil Ele Gedara Podinona, Mil Ele Gedara Ukkuamma, Mil Ele Gedara Somawathie, and Mil Ele Gedara Wimalawathie (Defendants/Respondents), the court addressed the issue of entitlement to a partition of land based on hereditary succession from an alleged ancestor, Sepala. It was held that the Plaintiff/Appellant failed to establish the claimed pedigree or prove a legitimate right to inherit from Sepala, as the key documentary evidence (birth certificate P1) was shown to be forged. The principle reaffirmed was that a party seeking a partition of property must conclusively prove both their claimed relationship and right of succession. The decision relied upon the evidential finding of forgery and t

REF: CA 125/2000-2013 Category: Tag:
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