B.M.Walter Jinadara vs H.M.A.Parakrama Herath – CA NO.510/98-2013

The case between H.M.A. Parakrama Herath and others (Plaintiff-Respondents) and B.M. Walter Jinadara (3rd Defendant-Appellant) addressed the issue of whether the District Court properly determined parties’ entitlement to shares in land following the rejection of the defendants’ prescriptive claim. It was held that the trial judge did not sufficiently investigate the pedigree and share allocation questions, thereby failing in the statutory responsibility to resolve substantive disputes over title under the Partition Act. The findings established that when significant contest exists over pedigree and title, it is not permissible for a trial judge to rely solely on admissions but rather a thorough inquiry is mandated by law. The District Court’s portion of judgment relating to share allocatio