H.G. Premadasa vs. B.M. Edwin et al. – CA CASE NO. 844/1995-1995

In the case between H.G. Premadasa (Plaintiff) and B.M. Edwin, H.G. Weerasekara (deceased), Mohottige Allen, G.H.G. Somasiri Gunawardena, and others (Defendants), the court addressed the issue of whether the partition of the land known as “Pehebiyagaha Watta” should proceed according to the pedigree claimed by the Plaintiff or based on an alternative lineage claimed by certain Defendants/Appellants. It was determined that the Plaintiff’s pedigree was supported by evidence, while the contesting Defendants/Appellants failed to discharge the burden of proving an alternative pedigree or prescriptive title. The court reaffirmed the principle that a Defendant in a partition action who challenges the Plaintiff’s pedigree bears an equal legal burden to establish the factual basis of their claim th