Mohottige Nomis Perera (Deceased) and others vs. Kariyawasam Gamage Piyasena and others – DCF/CA/710/99/F -2022

In the case between Mohottige Nomis Perera (Deceased, substituted by Henarath Mohottige Albert Perera and others) and Kariyawasam Gamage Piyasena with 21 others, the court addressed the identification and partition of the land known as ‘Millagahawatta’. The central issues concerned the accuracy of the land’s identification and extent as outlined by conflicting plans (plan “X” and plan “3 V 2” or plan “Y”), the proper registration of lis pendens, and the applicability of various procedural sections under Partition Law No. 21 of 1977. The court held that the District Court correctly identified the corpus to be partitioned based on established boundaries, and the alleged procedural defects did not undermine the court’s jurisdiction or require the judgment to be set aside. The principle that b