Felix Stanley Senanayake vs Wengappuli Arachchige Rohana – CA L.A/118/2001-2022

In the case between Wengappuli Arachchige Rohana (substituted by Paliyaguruge Sunanda alias N.P.G. Sunanda Naottunna) and Felix Stanley Senanayake (substituted by Anton Joseph Reginald Senanayake, 11th (A) Defendant-Petitioner-Petitioner) along with other defendants, the court addressed whether the final allocation of lots and shares in a partition action complied with statutory requirements and whether the 11th (A) Defendant-Petitioner-Petitioner was entitled to further allocation due to claimed diminution in property value. The court held that the proposed reallocation would contravene minimum lot size requirements stipulated under the Partition Act and that the appeal had not been prosecuted under the proper procedural regime required for partition appeals. The principle reaffirmed is t