Dodangodage Don Jinadasa vs. Gamlakshage Don Hemechandra Seneviratne – CALA/195/2002-2002

In the case between Gamlakshage Don Hemechandra Seneviratne and Dodangodage Don Jinadasa (and others), the court addressed whether the 9th defendant, lacking soil rights, was entitled to allotment of land containing house No. 19 or compensation in the final partition plan under the Partition Law No. 21 of 1977. The court held that the 9th defendant’s claims based on post-decree deeds and requests for allocation were legally untenable, especially in view of previous judgments, including the effect of lis pendens and the interlocutory decree. It was reaffirmed that parties without soil rights in partition actions cannot dictate land allotment and may only claim compensation for buildings existing before the interlocutory decree. This decision relied on statutory provisions and established pr

REF: CALA/195/2002-2002 Category: Tag:
Scroll to Top