Meththananda Ponnamperumage Dahanayake v. Nanayakkarawasam Kalupahana Liyanage Susantha Dias et al. – CASE NO. 1340/99 F -1999

In the case between Meththananda Ponnamperumage Dahanayake (Substituted-Plaintiff-Appellant) and Nanayakkarawasam Kalupahana Liyanage Susantha Dias and others (Substituted-Defendants-Respondents), the court addressed the issues of (a) whether the District Judge’s judgment in a partition action was defective for lack of reasoning as required by Section 187 of the Civil Procedure Code, (b) whether the 2nd defendant had established prescriptive title to the land in dispute, and (c) whether the plaintiff had established a sufficient basis for co-ownership to warrant partition. It was determined that the District Judge’s judgment was perfunctory and failed to comply with statutory requirements, but such error alone did not justify setting aside the decision absent prejudice to substantial right