Hadira Gamage Agnes Nona v Adikari Mudiyanselage Padmasiri et al – CA CASE NO. 713/1999-1999

In the case between Hadira Gamage Agnes Nona (succeeded by Jayakody Mudiyanselage Ranasighe) and Adikari Mudiyanselage Padmasiri, A.A. Jocelyn Nona, and others, the court addressed issues concerning the identification of the proper corpus in a partition action, specifically whether certain lots (Lots 1 and 4) claimed by the 5th, 6th, and 7th Defendants were erroneously included as part of the property to be partitioned and whether res judicata or prescriptive rights precluded the action. It was held that the Plaintiff failed to accurately establish the identity of the land to be partitioned, as portions of the land claimed were not part of her title but belonged to the Defendants, as corroborated by admissions and evidence concerning alternative plans. The principles underlying partition l

REF: CA CASE NO. 713/1999-1999 Category: Tag:
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