E. A. Edwin vs E. A. Dona Babynona – CA NO.84/98-2014

In the case between E. A. Dona Babynona and another (Plaintiff-Respondents) and E. A. Edwin (15th Defendant-Appellant) and others, the court addressed the issue of whether the land described in the plaint and title deeds was identical to the land surveyed and partitioned by the court. It was held that significant discrepancies existed in the extent, identity, and boundaries of the land between the plaint and the preliminary plan. The principle reaffirmed was that courts are obligated under the Partition Law to ascertain the clear identification of the land before proceeding with partition, especially where inconsistencies are apparent. The decision relied on statutory requirements of the Partition Law, particularly Sections 16 and 18, and relevant judicial precedents, emphasizing that prop