Henakaralalage Dharmasena and Others Vs Henakaralalage Anura Senannayake & Others – CA DCF 183/1997-2021

In the case between Henakaralalage Anura Senannayake and Henakaralalage Dharmasena (among others), the court addressed the issue of the proper identification of land (Ambalam Ovita Watta) subject to partition. It was held that the land described as lot 1 in the survey plan marked X was correctly identified as Ambalam Ovita Watta and was not part of Balagalahene Watta as claimed by the appellants. The legal principle reaffirmed is that the burden of disproving the prima facie facts established by the survey report under section 18(2) of the Partition Law rests on those challenging it. The decision relied on a careful analysis of survey evidence, boundaries, historical deeds, admissions, and prevailing legal standards on evidentiary weight. The dismissal of the appeal and affirmance of the D

REF: CA DCF 183/1997-2021 Category: Tag:
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