Ganawathie vs Karunawathie – CA APPEAL NO. 876/1997-1997

In the case between M.K.M.G. Ganawathie (substituted by Malwadamge Sunil Sisira Kumara Jayalath) and M.G. Karunawathie with Mudunkoth Gedara Wijesundara, the court addressed whether Nandawathie (the plaintiff’s predecessor) was the daughter of M.G. Piyasena alias Horathala, thus entitled to inheritance as a co-owner. It was determined that the absence of a birth certificate did not preclude proof of paternity, as other substantial evidence, including conduct, documentary admissions, and community recognition, sufficed to establish lineage. The principle reaffirmed was that, under the Evidence Ordinance, admissibility and sufficiency of evidence of kinship extend beyond civil documents to include acts, statements, and legal admissions. This decision relied on Sections 17, 18, 21, and 50 of