H.M. Suwaim vs. R.Surasewa and others – CA CASE NO. 188/98 F -2012

In the case between H.M. Suwaim (substituted by Abdul Hameed Suwaib) and R. Surasewa and others, the court considered whether the Plaintiff’s claim for partition of the land described in the plaint could be substantiated, with particular attention to the proof of pedigree and the identification of the land as per the preliminary plan and marked deeds. The findings affirmed that the Plaintiff failed to prove the essential pedigree and the identity of the land, upholding the principle that in partition actions, the burden to prove title and identity rests firmly with the claimant. The decision reaffirmed established requirements for partition actions under relevant property and civil procedure law, holding that when these proofs are insufficient, dismissal is warranted.

K.T. Chitrasiri, J.