Don John Edward Wijesinghe vs D. Vilodovine – 324/97/F-2022

In the case between Don John Edward Wijesinghe (Plaintiff/Appellant) and D. Vilodovine (substituted by W.A. Don Silva), W.A. Dona Hilda, W.P. Fonseka, Wehellage Somawathei Paranavithana, and Mutha Merannage Sethyavadi (substituted parties) (Defendants/Respondents), the primary issue was whether the land sought to be partitioned as named in the plaint (“Dawatagahawatta”) was the same as the land depicted in the preliminary survey plan (Plan X). It was determined that the Plaintiff had not established the required identity of the land under the Partition Act. The principle reaffirmed was that the burden to prove the identity of the corpus lies with the Plaintiff, and failure to do so precludes further examination of title or right. Reliance was placed on statutory requirements for partition