Premalal Vidana Arachchi vs Thesa Appuhamilage Annie Nona Siriwardena – CA DCF/768/99-2021

In the case between Premalal Vidana Arachchi (Appellant) and Thesa Appuhamilage Annie Nona Siriwardena (Deceased, substituted), Hulagahavithanalage Dona Lily Nona, Wehella Mudalige Dona Amarawathie, Galhenage Premathilaka Perera, among others (Respondents), the issues before the court involved whether a partition action may be established on the basis of an alternative plan not prepared by the court-appointed commissioner under Section 16 of the Partition Law (No. 21 of 1977). The court held that strict adherence to the statutory process is required, and only the preliminary plan prepared by the court-appointed commissioner, or in defined circumstances, the Surveyor General, may be used for identification of the corpus in a partition action. The appellate decision affirmed that the Distric