Nuwara Paksha Pedige Gunadasa vs Nuwara Paksha Pedige Peruma – CA 75/97F-2011

In the case between Nuwara Paksha Pedige Gunadasa (1st Defendant-Appellant) and Nuwara Paksha Pedige Peruma (Plaintiff-Respondent) and Nuwara Paksha Pedige Laisa (2nd Defendant-Respondent), the court addressed the issue of entitlement to shares in the partition of land formerly owned by Bandiya. It was held that the 1st Defendant’s claim to a half-share based on a 1978 deed had no merit, as the relevant interest had previously been transferred to the 2nd Defendant in 1969, leaving the original owner with no further share to transfer. The principle reaffirmed is that a party cannot convey what has already been conveyed to another, and that the validity of title depends on the actual rights held at the time of transfer. The decision relied on examination of title deeds and established proper