Somaratna Ranatunga vs U G Wimalasena – CA APPEAL NO: 1000/96F-2011

In the case between Somaratna Ranatunga (2nd Plaintiff-Appellant) and U G Wimalasena (Defendant-Respondent), the court addressed whether the plaintiffs had provided sufficient evidence to establish the original ownership of the subject property in a partition action. It was held that inconsistencies in the plaintiffs’ evidence regarding the original owner precluded a proper investigation of title, upholding the dismissal of the partition action. The principle reaffirmed was that in partition actions, the burden rests with the plaintiffs to clearly establish the original title by cogent and consistent evidence. Reliance was placed on the documentary evidence produced at trial, underscoring that failure to prove the foundation of title is fatal to maintaining a partition action.

A W A Salam