Gunawathi De Silva (Deceased) v. Sisiliya De Silva (Deceased) – CA CASE NO.635/97 F -2018

In the case between Lokuge Gunawathi De Silva (Plaintiff-Appellant, deceased and substituted) and Lokuge Sisiliya De Silva (Defendant-Respondent, deceased and substituted), the court addressed whether the District Court had adequately investigated and determined the ownership shares of Diyabubulewatta Hena during a partition suit pursuant to Section 25(1) of the Partition Law. It was held that the District Judge, based on available and properly submitted evidence, had lawfully awarded the Plaintiff a 2/3 share and the Defendant a 1/3 share despite the Plaintiff’s claim for a 7/8 share. The principle reaffirmed was that partition courts must rigorously investigate title strictly within the confines of formally admitted evidence. The decision relied on statutory obligations under the Partiti