Premawathie vs Karunatilleke and Sirisena – SC APPEAL NO. 57/2011-2012

In the case between B.P.G Premawathie and B.P.G Karunatilleke & B.P.G Sirisena, the court addressed the issue of the validity of the pedigree and correct devolution of title in a partition action concerning the property known as Pallehawatte. It was held that the trial and appellate courts failed to properly investigate title, including an adequate examination of deeds as mandated by Section 25 of the Partition Act, leading to an erroneous determination of rights. The principle reaffirmed was that the court in partition proceedings must independently and rigorously investigate title and the chain of devolution, giving due attention to all evidential inconsistencies in title documents. Reliance was placed on statutory requirements and precedent governing partition actions, with emphasis on

REF: SC APPEAL NO. 57/2011-2012 Category: Tag:
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