Rajapakshe Liyanage Ariyawathi vs Elibichchi Pathiranalage Kusumawathi – CA NO.505/1998 F -2014

In the case between Rajapakshe Liyanage Ariyawathi (Plaintiff) and Elibichchi Pathiranalage Kusumawathi and others (Defendants), the court addressed the proper apportionment of shares in a partition action concerning specified lots of land. It was determined that a co-owner could not acquire prescriptive rights over the property, and the appellant withdrew this ground. The main issue pertained to the allocation of shares following a transfer under Deed No. 1574. It was held that the District Judge had erred in assigning shares to the 4th defendant who no longer held rights due to the prior transfer. The appellate court ordered a correction to the share allocations, consistent with the parties’ agreement, and dismissed the appeal except for this variation, reaffirming the legal principle th