Thalegana Koralage Samawathie v. Thaleganas Koralage Lucinona et al. – CA NO. 1130/02-2002

In the matter of Thalegana Koralage Samawathie (Plaintiff) versus Thalegana Koralage Lucinona, Kudagodage Charlis, Gammaddage Dharmathilaka Thero, Kottagoda Kankanamge Piyasena, Kottagoda Kankanamge Mindula, Kottagoda Kankanamge Dayan, and others (Defendants), the court addressed the propriety of including specific lots (A, B, E, and F) in the corpus of Kanukiriyana Watta during a partition action. The principal issue involved whether the identification and inclusion of these lots in the subject land were lawful and accurate according to the evidentiary record and the commissioner’s survey. It was held that the steps taken by the commissioner in relying on a tracing from a title plan and superimposing it for greater accuracy were permissible and consistent with obligations under the Partit