Charles Sirimanna vs. Rohana Sirimanna – CA PHC 187/2004-2004

In the case between Charles Sirimanna and Rohana Sirimanna, the court addressed the issue of whether the judgment of the High Court dated 21.07.2004, which vacated the Magistrate’s order directing demolition of a house on a disputed co-owned land, should be set aside. The principal legal question involved the identity and co-ownership of the disputed land. It was held that the Court of Appeal found no reason to interfere with the High Court’s reasoning, emphasizing the consequences to both parties regarding demolition, and dismissed the appeal. The decision reaffirmed that appellate review must respect sound reasoning on identification and co-ownership, emphasizing careful consideration of factual matters when equitable interests are at stake.

K.T. Chitrasiri, J. — It was determined that