Nainangala Widanelage Shashika Dulmini Jayasena vs Dayawathi Jayawardhane – CA RII/0061/2023-2025

The court considered the apportionment of shares in a three-acre property known as Malgaha Pellessa, originally owned by Nainangala Widanelage Bimbarahamy. The dispute focused on the proper distribution of a 1/6th share devolving on the 4th, 9th, and 10th defendants, the evidentiary basis for any transfer of rights, and the applicability of restitutionary relief. It was held that the lower court erred in omitting the 4th defendant’s share based on an unestablished title deed. The court ordered rectification of the judgment to award the 4th defendant a 1/18th share, confirming the rights of the 9th and 10th defendants to equal shares, thus reaffirming the principle that relief under Restitutio-In-Integrum may be granted where prejudice from judicial error is established. The decision relied