Manobala Arachchilage Tikiri Appu Naide vs Jayakody arachchilage Lama Naide – CA NO. 764/97-2013

The case between Manobala Arachchilage Sunil Jayawardane (as substituted plaintiff-appellant) and Jayakody Arachchilage Lama Naide along with others as defendants addressed the issue of whether the land identified in the plaint and accompanying plan No. 615 (“X”) correctly represents the property to be partitioned. The court determined that the identity of the land was in dispute, especially given indications from the 2nd defendant-respondent’s pleadings that the subject land was only part of a more extensive property, and no action had been taken to survey the broader area as procedurally required. The holding emphasized that, pursuant to an agreed settlement, the plaintiff may apply for a commission to survey the land in accordance with the 2nd defendant-respondent’s description, with ea