Horanekara Gedera Wimalasena vs Menikdurayala Gedera Bodi – 1249/99-2015

The case between Horanekara Gedera Wimalasena (Plaintiff–Appellant) and Menikdurayala Gedera Bodi and others (Defendant–Respondents) addressed the issue of whether “lot 1” on a preliminary survey plan formed part of a paddy field (Pudaludeniya Moragahamulla) subject to partition under the Partition Act, or constituted a separate land. It was determined that the trial judge erred in wholly excluding “lot 1” from the partition corpus without clear demarcation, since evidence demonstrated only partial overlap with the disputed land and failed to specify the portion to be excluded. The legal principle reaffirmed is that proper identification of land in partition actions is critical and courts have authority and duty to exclude only those portions clearly shown to be separate by credible eviden