Dissanayake Mudiyanselage Tikiribanda vs Dissanayake Mudiyanselage Aberathna – CA NO. 682/1997-2013

In the case between Dissanayake Mudiyanselage Tikiribanda (Plaintiff/Appellant) and Dissanayake Mudiyanselage Aberathna and Dissanayake Mudiyanselage Herath Banda (Defendants/Respondents), the court examined whether the Plaintiff/Appellant was entitled to partition of the property described in the schedule to the plaint and the appropriate shares of the parties. The Plaintiff claimed a 1/5 share, while the Defendants were each entitled to 2/5 shares; the Defendants did not contest these claims and no conflicting evidence was presented. It was held that, in the absence of contest and given unchallenged documentary evidence of title, the trial court erred by dismissing the action. Instead, the evidence warranted entry of the interlocutory decree for partition in line with the Plaintiff’s sch