Magalkande Dhammakitte Viharadhipathi Magal Kanda Maggona vs Hewadewage Laris Nona et al – CA98/2001-2001

In the case between Rev. Magalkande Dhammakitte (Plaintiff) and Hewadewage Laris Nona, Ranasinghe Pearl Karunalata, and Ranasinghe Trishan (Defendants), the court addressed the legal status of certain land claimed as “sanghika” (temple trust) property and the effect of a prior partition decree. It was determined that the partition decree (No. 6138/P) conclusively vested title in the Defendants, as the decree was final under Section 48(1) of the Partition Act and all relevant parties had opportunity to contest in prior proceedings. The findings established that allegations of collusive fraud in past trust representation were unsubstantiated and the Plaintiff’s title by trust was extinguished due to failure to contest the partition decree in appropriate time or forum. The decision reaffirmed