D.A. Balahami vs A.P. Ukku Banda – CA NO. 185/98 F-2014

In the case between D.A. Balahami (Appellant) and A.P. Ukku Banda and W.P. Sirisena (Respondents), the court addressed the issue of whether the appellant was entitled to a declaration of sole ownership over a parcel of co-owned land. It was held that such a declaration could not be granted where the land remained under co-ownership and not all co-owners were parties to the action, reaffirming the principle that exclusive ownership cannot be claimed by an individual co-owner in the absence of partition or the consent of all co-owners. This decision relied on the interpretation of co-ownership rights under Sri Lankan law, emphasizing that sole title may not be conferred until co-ownership is properly ended by legal partition or unanimous agreement of all co-owners.

K.T. Chitrasiri J. — The