Agampodi Gerty Premalatha De Zoysa et al. vs. Porawagoda Samson De Silva et al. – CA REV. NO. 137/2003-2003

In the case between Agampodi Gerty Premalatha De Zoysa and others (Petitioners) and Porawagoda Samson De Silva (deceased, substituted by Porawagoda Sudith Wasantha De Silva and others) (Defendant-Respondents), the court addressed whether the land described in D.C. Balapitiya Case No. 1411/P was the same as that in Case No. 3139/P, and whether the partition decree in Case No. 3139/P was fraudulently obtained by excluding interested parties in violation of statutory requirements. It was held that the two cases concerned the same property, and that the decree in the latter case was secured by deliberate exclusion of rightful claimants, constituting a fundamental vice. The principle reaffirmed is that the failure to comply with the Partition Law, particularly Sections 5 and 12 regarding joinde