Udapola Dahanayakge Siriwardena v. Dahanakage alias Dasanayake Mudiyanselage Gnanawathie et al. – CA REV NO.144/2003-2022

In the case between Dahanakage alias Dasanayake Mudiyanselage Gnanawathie and others (Plaintiff-Respondents) and U.D. Punchimahaththaya, U.D. Podiappuhamy, Udapola Dahanayakge Siriwardena, U.D. Karunaratne and others (Defendant-Respondents and claimants) regarding a partition dispute over the land Gallenehena (10 pelas), the court addressed the issue of whether failure to duly issue notice to all claimants contravened mandatory provisions under the Partition Act No. 21 of 1977 and violated due process. It was held that the procedural requirements were substantially satisfied, as the claimant had access to public records and opportunities to defend their rights; the lengthy litigation period and available evidence further supported the decision to uphold the District Court’s original judgme

REF: CA REV NO.144/2003-2022 Category: Tag:
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