Sandhyani Deepika Gamage vs. Memmenda Arachige Nirosha Lakmali Senerath – CA/RII/CASE NO-0005/2021-2023

In the case between Memmenda Arachige Priyantha Senerath (deceased), Memmenda Arachige Nirosha Lakmali Senerath, and Wanni Arachchige Chandrawathie (among others) as plaintiffs, and Pathirage Seedin Perera, Jayasuriya Arachchige Jayathissa, Jayasuriya Arachchige Senarathna (among others) as defendants, the court addressed the issue of whether the trial court, in a partition action concerning Jayasuriyage Watta, erred in adopting the claims and pedigree in the plaint without adequate evaluation of evidence and proper calculation of undivided shares. It was held that the trial court’s reliance solely on the plaint, without due consideration of the full evidentiary record, constituted a significant error. The decision reaffirmed the legal principle that courts in partition actions must conduc