Galhenage vs Hettiarachchi – CA NO.1246/98-2013

The case between Gardiye Hettiarachchi Piyasena (Plaintiff-Respondent) and Don Jinoris Galhenage (2nd Defendant-Appellant) centered on whether the District Judge correctly allocated a 1/4 share of land (1/8 each) to Amaris Appu and Alwis Dissanayake per the plaintiff’s pedigree and whether title to those shares had been sufficiently established through deeds. The findings established that, based on the unchallenged evidentiary record and the operation of Section 68 of the Partition Act, the allocation was proper, reaffirming the rule that properly executed and decades-old deeds are admissible in evidence unless successfully impeached. The decision confirmed that long-standing deeds, coupled with actual possession and the absence of challenge, provide sufficient proof for partitioning title