Nagoda Gamage Seelawathie v. Nagoda Gamage Thelenis – CA NO.1034/97 F -1997

In the case between Nagoda Gamage Thelenis (Plaintiff-Respondent) and Nagoda Gamage Seelawathie (4th Defendant-Appellant), the court addressed the issue of entitlement to a specific building (item No.2 on survey plan “X”) in a partition action. The central question concerned whether the building should be allocated to the 4th Defendant-Appellant on the basis of long possession or construction by her husband, or to the plaintiff, who claimed title through a deed. The holding determined that the allocation to the plaintiff was proper, as no prescriptive claim could be entertained following the parties’ admissions regarding share devolution, and the plaintiff’s evidence, supported by documentation, was deemed more reliable. The principle reaffirmed was that admissions on devolution of title i