Kolongalla vs. Kolongalla – CA RI 877/2010-2020

In the case between Divullewegedara Siripala Kolongalla and Ratna Banjanayalage Piyadasa Kolongalla and Divullewegedara Sobanie Kolongalla, the court examined whether the District Court of Kegalle’s judgment and partition decrees should be set aside due to the failure to investigate title adequately, specifically in light of a subsequent judicial nullification of the pivotal deed (No. 4446 of 31.12.1984) relied upon by the Plaintiff. It was held that the partition decree and allocation of shares were unsustainable as they were based on a deed subsequently held void and failed to consider relevant admissions, party transfers of interest, and the binding effect of other judicial decisions. The principle reaffirmed was that a partition court must independently and thoroughly investigate sourc