Wamakula Arachchiralalage Dona Annie Rita Fonseka vs Hewafonsekage Prasad Annesley Fonseka – C A 379/97 F -2014

The case between Warnakula Arachchiralalage Dona Annie Rita Fonseka alias Annie Seetha Fonseka (‘Swarna’) and Hewafonsekage Prasad Annesley Fonseka, Hewafonsekage Sunil Stanley Remand Fonseka, Hewafonsekage Chandra Kumari Hyscinth Fonseka, Don Nikulas Clament Derrick Weerasooriya, and Lekam Mudiyanselage Nimal Patricia Megdaline Alexender concerned the issue of identifying the correct subject matter of a partition action. It was determined that the proper subject matter for partition was the land described in lot No. 1 of preliminary plan No. 120, as identified by the Plaintiff, and not an alternative lot described in plan No. 6799 as claimed by the 4th and 6th Defendant-Appellants. This decision reaffirmed the principle that claimants in partition actions bear the burden of properly conne