Wettesinghe vs Jayan – clr volume 2 page 033

The case between co-owners of partitioned land, including the plaintiff and the second defendant, concerned whether a public sale under a partition decree should be set aside due to an agreement between parties not to bid against each other and allegations of collusion. It was determined that a sale conducted under the authority of the Partition Ordinance, even if sold at a price below its appraised value, could not be easily set aside unless substantive irregularities and improper conduct were established. The core legal principle reaffirmed was the sanctity and finality of court-ordered public sales, barring clear evidence of fraud or procedural violations. Precedents regarding public sales and standards for setting aside judicial sales were relied upon, emphasizing that interventions ba