Edirisuriya Mudiyanselage Dona Albin Nona vs Sembukuti Arachchige Lambert Reginald Silva – CA 505/93 F -2011

In the case between Kuruwita Archchige Ananda Lionel (substituted plaintiff for Edirisuriya Mudiyanselage Dona Albin Nona, deceased) and Sembukuti Arachchige Lambert Reginald Silva, the court addressed the identification of the land “Kahatagalawatte” for the purposes of a partition action. It was held that the plaintiff failed to sufficiently identify the corpus to be partitioned due to inconsistencies in description and extent of the land across pleadings and deeds. The principle reaffirmed is that in a partition action the burden of establishing the identity of the land lies on the plaintiff, and failure to resolve discrepancies in extent and boundaries is fatal to the action. The decision relied on an evaluation of the evidentiary record and applicable principles of partition law, empha