Piyasena Loku Vithana vs A. Manage Somaratne – CA NO.556/96 F -2013

In the case between Piyasena Loku Vithana (Plaintiff-Appellant) and Manage Somaratne and others (Defendant-Respondents), the issue concerned whether certain shares intentionally left un-allotted in the original partition judgment should be granted to the plaintiff based on title derived from Deed No. 1185. The holding established that recognition of the plaintiff’s claim under Deed 1185 would unfairly prejudice other co-owners and contravene the purpose behind intentionally leaving certain shares un-allotted due to the non-disclosure of an heir. The decision reaffirmed that un-allotted shares in a partition action must devolve according to the intention set out in the original judgment, as supported by partition law principles and relevant precedents. The impact of this judgment underscore