Gallath RaIlage Dharmadasa vs Gallath RaIlage Karunathilake – CA NO. 676/97 F-2014

In the case between Gallath RaIlage Dharmadasa (Plaintiff) and Gallath RaIlage Karunathilake, Mohottallage Kusumawathie, and Manannalage Dharmadasa (Defendants), the court addressed the issue of whether the land known as ‘Paluwatta’ was part of the property (‘corpus’) subject to partition in relation to ‘Hitinawatta’ and whether the 3rd Defendant/Appellant had established entitlement to a share in ‘Paluwatta’ under the partition action. It was held that insufficient evidence was presented to establish that ‘Paluwatta’ was part of the land intended for partition, with particular emphasis on the lack of connection between the properties by deed or survey. This determination reaffirmed the principle that the party asserting a land interest in partition proceedings must prove the land’s inclus