Hetti Mudiayanselage Podimahattaya vs A Lekamalage Dingirimahattaya – CA APPEAL NO.390/95 F -2011

In the case between Hetti Mudiayanselage Podimahattaya (Plaintiff/Appellant) and 1A Lekamalage Dingirimahattaya, 2. Atigala Vidanalage Karunaratne, and others (Defendant-Respondents), the court addressed the issue of entitlement to partition the land called “Hapugahawatte,” focusing on the devolution of title and the identity of the original owner. It was held that neither the appellant nor the respondents established a clear title sufficient to partition the land, reaffirming the principle that factual findings by the trial court, particularly in complex inheritance disputes, should not be disturbed on appeal unless clearly erroneous. The decision relied on established precedents regarding the scope of appellate review and the onus of proving title in partition actions, emphasizing that t

REF: CA APPEAL NO.390/95 F -2011 Category: Tag:
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