Mahalekamge Sumanasiri vs M. I. Rajapakse Vidanage Amarawansa Gunasekera – CA 1102/1998-2013

The case between M. I. Rajapakse Vidanage Amarawansa Gunasekera and Mahalekamge Sumanasiri (with additional defendants), concerned whether multiple lands could be partitioned together under Sri Lankan Partition Law when the same set of co-owners possessed different lands in different proportions, and the extent of inheritance under Kandyan Law. It was determined that, so long as the lands were held in common by the same co-owners in the same shares, statutory provisions did not bar their joint partition. The court also addressed the applicability of Kandyan Law to inheritance when daughters were married under “Deega” and the correct exclusion of certain lands from partition. The appeal was dismissed and the trial court’s decree was affirmed, reinforcing that only lands held in undivided, c