Wahindara M udiyanselage Kasturi Gedara Jayasinghe and Others Vs. Kasturi Gedara Mudiyanse – CA NO.504/97 F -2018

In the case between Kasturi Gedara Mudiyanse (Plaintiff-Respondent) and Wahindara Mudiyanselage Kasturi Gedara Jayasinghe and W.M.K.G. Muthumenike (Defendants-Appellants), the court addressed the identification of land subject to partition and the correctness of the allocation of shares from the District Court. The issue considered was whether the land described in the plaintiff’s plaint and preliminary survey plan (Plan EL 132) was the same as claimed by the defendants (depicted in Plan 659), and whether the plaintiff was entitled to a 9/14 share. It was held that both survey plans refer to the same land, and the plaintiff was properly granted a 9/14 share, leaving the remainder unallotted. The principle reaffirmed was that proper identification of land boundaries based on survey plans an