Indrasena Arasaratnam Kenneth Virasinghe v Vajira Kalinga Wijewardena – SC APPEAL NO. 14/2012-2012

In the case between the Plaintiff-Appellant (who acquired the entire corpus through a partition action) and the 4th Defendant-Respondent along with other defendants, the issue concerned whether the delivery of possession under Section 52 of the Partition Law is subject to a mandatory twelve-month time limit, or whether that bar applies solely to restoration of possession under Section 52A. It was determined that an application for an order of delivery of possession may be made under Section 52(2) without being time-barred, provided the applicant has not previously obtained physical possession, with Section 52A being restricted to cases of restoration following interference or dispossession. The Court accordingly set aside the High Court judgment, affirmed the District Court order, and dire