Karunamuni Samson De Silva v. Sandradura Indralatha et al. – CA 65/1998-1998

In the case between Sandradura Indralatha, Umange Herbert Seneviratne (1st and 7th Defendants-Appellants), among others, and Karunamuni Samson De Silva (Plaintiff-Respondent), the court addressed whether lots 3, 4, and 7 of the land ‘Kongahawatta’ were part of the corpus to be partitioned in District Court action No. 4746/P and the effect of land transfers during the pendency of the partition action under Section 66(1) of the Partition Law No. 21 of 1977. It was determined that mid-proceeding transfers including that of lot 3 were not invalid as the issue on Section 66(1) had not been raised at trial and such conveyances do not necessarily void a transferee’s title upon the final decree. The court reaffirmed that points of law not contested at trial ought not to be introduced for the first