A M Leelawathie vs Sirisena Liyanaarachchi – CA 87/97F-2011

In the case between A M Leelawathie and Sirisena Liyanaarachchi, the court addressed the issue of entitlement to a declaration of title and ejectment from disputed property, and the appropriateness of partition proceedings as a remedy. It was held that probable co-ownership existed based on the evidence, rendering a partition action the suitable procedure for resolving the property dispute. The principle reaffirmed is that when co-ownership is established or probable, partition proceedings, rather than ejectment, provide the proper legal remedy. This decision drew on the findings of both the District Court and the Court of Appeal, underscoring that actions seeking declaration of exclusive title should not succeed where co-ownership is evident.

A W A Salam J. — The appeal was dismissed on