Benedict Raja Philip De Silva vs Anthony Joseph Mahinda De Silva – SC CHC/APPEAL 12/2012-2012

In the case between Benedict Raja Philip De Silva (Plaintiff/Respondent-Petitioner-Appellant) and Anthony Joseph Mahinda De Silva (4th Defendant-Petitioner-Respondent-Respondent), the court addressed whether the residential property at 27/3, Chandralekha Mawatha, Colombo 8, constitutes a single house protected from seizure under Section 218(n) of the Civil Procedure Code. The issue centered on property structure—assessment, utility meters, access—and interpretation of statutory protection granted to a debtor’s one and only residential house. It was determined that the property, though appearing as two condominium units, is factually a single residence based on unified utilities, building plan, shared entrance, and corroborating witness evidence. Upholding statutory protection, it was concl