Dissanayakege Somawathie vs R.M.C.M.Herath and Others – CA WRT/0357/2020-2023

The case between Dissanayakege Somawathie (Petitioner) and R.M.C.M. Herath (Land Commissioner General), R.K.S.S.C. Wijesinghe (Divisional Secretary, Nachchaduwa), and Wijesinghe Rajapaksha (3rd Respondent), addressed the issue of entitlement to a certificate of ownership under the Land Development Ordinance No.19 of 1935. The court held that the 3rd Respondent, as the eldest son of the original grantee, was entitled to the certificate, reaffirming the principle that succession must adhere to the statutory scheme provided in the Land Development Ordinance. This decision relied on the interpretation of documentary evidence and statutory provisions, establishing that nomination contrary to statute is legally ineffective for succession to state-granted land.

M. T. Mohammed Laffar J. — Upon e