Malimbada Liyanapathiranage Mahindadasa vs Malimbada Liyanapathiranaga Lila Malini – CA NO. 668/95 F-2013

In the case between Malimbada Liyanapathiranage Mahindadasa (Plaintiff/Respondent) and Malimbada Liyanapathiranaga Lila Malini, Malimbada Liyanapathiranage Punyawathie, Andrew De Silva Jayasinghe (substituted by Ariyawathie Jayasinghe), and Petta Durage Harischandra (Defendant/Appellants), the issue addressed was whether the 3rd and 4th Defendant Appellants were entitled to have an interlocutory decree in a partition suit set aside under Section 48(4) of the Partition Law No. 21 of 1977. It was determined that the Appellants had failed to establish any prima facie right, title, or interest in the land sufficient to invoke the provisions of Section 48(4), as no deeds or substantive evidence were produced. The decision reaffirmed that the burden rests upon the applicant seeking to set aside