S.A. Kusuma Weerasekara v. L.P. Jayasekera et al. – CA APPEAL NO.397-398/96-1996

In the case between L.P. Jayasekera and others (Plaintiffs-Respondents) and S.A. Kusuma Weerasekara (8th Defendant-Appellant) concerning the partition of the land “Minihompolwatta” alias “Owita,” the court addressed whether the District Court’s confirmation of the commissioner’s scheme of partition (Plan No. 3507) was legally sustainable under the Partition Act. The central issue involved the propriety of adopting the commissioner’s original scheme over alternative plans suggested by the appellant, considering claims of potential injustice or greater fairness. It was held that the District Judge correctly assessed both procedural and substantive objections, applying established legal principles which provide that a commissioner’s original scheme should not be displaced except for compellin