Hewa Fonsekage Prabodhini Jeewika Fonseka vs Yon Mereghghe Siemon Hewage Anoma Jayathi Silva and others – CA RII 59/2023-2025

The court addressed the issue of a land being wrongly included and subsequently unallotted in a partition action (Case No. 6888/P of the District Court of Kalutara). The Petitioner, having purchased the land in 2014 with clear title, sought revision and/or restitutio-in-integrum to restore title and possession, or alternatively, the exclusion of Lot 6 (Lot F) from the partition corpus. Allegations of misidentification of the corpus, discrepancies in land extent, and failure to properly investigate title were raised, contravening Section 18 of the Partition Law. The court, considering legal precedents and an agreement between parties to withdraw the main relief in favor of the alternative relief, granted the exclusion of Lot 6 (Lot F) from the partition corpus. This exclusion was stated to