Horathal Pedige Piyananda Disanayaka v. Horathal Pedige Pabilis et al. – 888/97 F-1997

In the case between Horathal Pedige Piyananda Disanayaka (Plaintiff) and principal Defendants including Horathal Pedige Pabilis, Asura Pedige Samarasena, Senarath Bandara Wimaladharma Wijaya Kumara, and Sunil Wickramasinghe Henrath Kumarage, the court addressed the issue of allocation of shares under partition proceedings concerning the land “Arambawatta” situated in Metiyagane. It was determined that the 4th Defendant’s contention of entitlement to a greater share lacked merit, as the allocation of rights was consistent with admissions made by the co-owners except for a limited, unrelated dispute by the 1st Defendant, which was not pursued at the appellate stage. The principle reaffirmed is that, on a partition where co-owners admit pedigree and no further genuine contestation exists, app

REF: 888/97 F-1997 Category: Tag:
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