Heenbanda vs Piyaratne et al. – CA NO.518/97 F -1997

In the case between A.M. Heenbanda (Plaintiff-Respondent) and W.M. Jennona, W.M. Mudiyanse, H.M. Heenmenike, A. Piyaratne, among others (Defendant-Appellants/Defendants), the court addressed issues arising from the partition of land in Sirimalwatta, Gunnepana. The principal legal issues concerned whether a share could properly be granted to a defendant under a deed executed after registration of the action as lis pendens, the admissibility and sufficiency of evidence regarding the deed’s execution, and whether the statutory requirements of Partition Law No. 21 of 1977 were met in investigating devolution of title. It was held that a deed executed post-lis pendens was void and did not transfer valid title, and that the District Judge’s refusal to fully investigate the title and to allow for