Maligaspe Koralage Leelani Priyanthi vs Maligaspe Koralage Bartin Nanayakkara – CA NO.1391/99 F -2017

In the case between Maligaspe Koralage Leelani Priyanthi (Plaintiff) and Maligaspe Koralage Bartin Nanayakkara (4th Defendant-Appellant, deceased), Trincy Benita Liyanage (1st Defendant-Respondent), and others, the court addressed whether Lots D and E, claimed by the Defendant-Appellants in a partition action, were distinct from the land subject to partition (the corpus) and should thus be excluded. It was held that the Defendant-Appellants failed to provide sufficient evidence or documentation to establish that Lots D and E were part of different land. The principle reaffirmed was that the burden lies on the party seeking exclusion from partition to provide adequate proof of distinct ownership. Reliance was placed on the District Court’s analysis of deeds, land plans, and the sufficiency