M.S.M. Mohamed Misba alias Mohamed Hussain vs Abdul Hassan Masrikar Fasthima Hussain – CA APPEAL NO 65/1999-2013

In the case between M.S.M. Mohamed Misba alias Mohamed Hussain (Plaintiff-Appellant, later substituted by Mohamed Saheed Hassan) and Abdul Hassan Masrikar Fasthima Hussain with others (Defendants-Respondents), the court addressed whether the land identified as “Yalagahawatte Negenahira Deken Panguwa” was accurately described and surveyed for partition purposes. It was determined that the District Judge erred by proceeding to partition only a portion of the land described in the plaint, relying on a limited survey plan that depicted less than the total extent claimed. The principle reaffirmed was that in partition actions strict adherence to statutory requirements regarding identification and survey of the entire land corpus is mandatory. This decision relied on relevant statutes and preced