Kariyawasam Thawalama Gamage Chandrapala Wijewardena vs U. A. Ratnapala – CA NO. 434/2000 F-2014

The case between Kariyawasam Thawalama Gamage Chandrapala Wijewardena and U. A. Ratnapala, A. K. Piyadasa, and Gangulvitiye Jinarathana Thero addressed the issue of whether the land described in the plaint was liable to partition or was subject to a charitable trust, which would preclude such partition. It was held that the Plaintiff/Appellant failed to prove entitlement to partition and did not demonstrate due diligence in prosecuting the appeal. The principle reaffirmed was that land subject to a charitable trust cannot be partitioned, with reliance placed on the District Judge’s original findings and relevant trust law, underlining the necessity of adherence to procedural due diligence in appellate proceedings.

Upaly Abeyrathne J. — Upon review, it was determined that the Plaintiff/Ap