Balage Alpina Nawanaliya vs P.B. Gimara – CA 910/98 F -2013

The case between Balage Alpina, Nawanaliya, Keerama (Plaintiff/Appellant) and P.B. Gimara, Kalaotuwawa, Weedikanda, Walasmulla (Defendant/Respondent) addressed the entitlement of the 20th Defendant-Appellant to 30 bread fruit trees identified in the surveyor’s report (marked X1). The appeal was narrowed exclusively to this dispute after the broader relief originally sought was abandoned. It was held that the entitlement to the bread fruit trees was proportionate to the share allocation of the land and not exclusive to the 20th Defendant-Appellant. The principle reaffirmed is that entitlement to trees and land shall correspond to proven share allocations, where evidence, such as an uncontested pedigree, guides such allocation. Relevant statutory and evidentiary rules governing share allocat