Jamburegoda Gamachchige Siripala et al. vs Welikadage Amarawathie Boteju et al. – CA 141/98 F-2013

In the case between Welikadage Amarawathie Boteju, Malawattage Jinasena Pieris, Niranjan Ekanayaka Kalupahana (plaintiffs) and Jamburegoda Gamachchige Siripala, Labugamage Somalatha Perera, Upul Pranawithana, Mangala Seneratna, Suraweera Arachchige Dona Idinona, Wilarachchige Dumita Malani Fernando (defendants) among others, the Court addressed the issue of whether land known as Kongahawatta alias Ketakelagahawatta was originally owned by one individual or by two co-owners, and the consequent entitlement to shares or prescriptive title in a partition action. It was determined that the plaintiffs’ claim of co-ownership—deriving title from both Carlina Perera and Pubilis Perera—was substantiated by the Executrix Conveyance and supporting documentation, whereas the defendants’ claim to sole o