Hitihamilage Bandaramenika vs Hitihamilage Bisomenika – CA 738/95-2011

In the case between Hitihamilage Bandaramenika and heirs (Plaintiffs) and Hitihamilage Hemawathi Menike alias Somawathie Menike (Defendant-Appellant), the court addressed the issue of lawful title to land following multiple transfers, a partition decree, and claims of adverse possession. It was determined that a partition decree nullifies all prior deeds related to the partitioned land, thereby conferring valid title under deeds executed subsequent to the decree. The court reaffirmed the principle that partition decrees have overriding legal effect over previous competing conveyances and cannot be overridden by private agreements or plans without unanimous co-owner consent. Reliance was placed on established legal doctrine regarding the finality of partition decrees, with emphasis placed o

REF: CA 738/95-2011 Category: Tag:
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