Alupothegedera Petor Wijewardena et al. vs Rantilaka Gedera Agnus et al. – CA DCF/1143/1998 F-2022

In the case between Iriyagama Allupotegedara Sudath Pritiraj Wijewardana and others (Appellants/Defendants) and Rantilaka Gedera Agnus and others (Respondents/Plaintiffs), the court addressed whether lots 3 and 4 of the preliminary plan X were part of Dunuke Angewatta, the land subject to partition, or belonged to a separate property, Manikrala Pandigewatta, as claimed by the defendants. It was held that lots 3 and 4 formed part of the partitioned land, reaffirming the principle that in partition proceedings, the correct identification of the corpus based on preliminary plans by court-appointed surveyors is essential and that alternative plans lacking legal status must be disregarded. Reliance was placed on the statutory framework of the Sri Lankan Partition Law and supporting precedents,