Piyasena Samarasinghe Gunawardena vs Simon Samarasinghe Hunawardena – CA-1118/98 F -2014

The case between Piyasena Samarasinghe Gunawardena (Plaintiff-Appellant) and Simon Samarasinghe Hunawardena, Loku Liyanage Sumanawathie, and others (Defendant-Respondents) addressed the partition of land, specifically whether Lot 1 in Plan No. 311 (“X”) should be included in the partition and whether the 13th, 14th, and 15th Defendant-Respondents established prescriptive rights over said lot. It was held that the exclusion of Lot 1 from the partition was proper and that there was no evidentiary basis for finding prescriptive rights over it, as such claims were never advanced at trial. The court further determined that the District Judge’s assertion of prescriptive rights was erroneous. The Plaintiff-Appellant was permitted to withdraw the appeal, which was dismissed without costs, reaffirm