Rankiri Pathirage Yasaseeli Uparanjani & Others vs. Rankiri Pathirage Nancy Nona & Others – CA RII/0001/2020-2021

In the case between Lokuthambugala Ralalage Somawathi and others (petitioners) and Rankiri Pathirage Yasaseeli Uparanjani and others (plaintiff-respondents/defendant-respondents), the court addressed whether Lot No. 01 was wrongly included in the partition corpus without notice to its rightful owners, specifically the heirs of Daniel. It was held that the omission of Daniel’s heirs, despite evidence of their ownership and prescriptive rights to Lot No. 01, constituted a serious irregularity amounting to collusion and potentially fraud, justifying judicial intervention. The principle affirmed was that, where the risk of fraud or miscarriage of justice is established by such exclusion, the appellate court may exercise revisionary powers to correct the decree under the Partition Law and relev