Kalutarage Gunasoma Dharmasiri Fernando vs Kalutarage Srimathi Chandralatha Fernando – CA NO. 318/98 F-2014

The case between Kalutarage Gunasoma Dharmasiri Fernando and Kalutarage Srimathi Chandralatha Fernando & Others addressed the issue of partitioning land, particularly the proper inclusion or exclusion of Lot B under the relevant partition plan. It was determined that the sole dispute pertained to Lot B as delineated in earlier and subsequent survey plans. A portion of Lot B (2.72 perches, designated Lot F2 in Plan No. 513) was to be included in the corpus for partition, while Lot F1 (from the same plan) was to be excluded. The principle reaffirmed is that, upon mutual agreement and clarification, partition decrees may be varied to reflect parties’ consensus regarding the properties to be included, emphasizing finality of partition subject to such agreed variations. This decision relied on