P. W. C. Ariyawansa and others Vs. G. A. Aruna Gajasinghe and others – CA NO.915/99 F -2014

In the case between P. W. C. Ariyawansa, P. W. G. Siriyawathie (plaintiffs, with substituted plaintiff G. A. Aruna Gajasinghe) and P. W. C. Belin Nona, others (including 4th and 5th Defendant-Appellants) as principal parties, the court addressed whether Lots 1 and 2 in Preliminary Plan 231/P should be excluded from a partition action on the basis that they comprised separate lands or should be included as part of the common land for partition. It was held that both Lots 1 and 2 were part of the common property identified as “Ketapitawatta,” and the exclusion sought by the 4th and 5th Defendant-Appellants was not justified. The principle reaffirmed is that, in partition actions, the identity of the land to be partitioned must be established primarily through boundaries and locality, with mi