PathirennehelageSwarnasiriNimal vs GangodaMudiyanselageWijewathi Podimenike – SC APPEAL NO. 178/2013-2016
In the case between Gangoda Mudiyanselage Wijewathi Podimenike (Plaintiff Appellant) and Pathirennehelage Leelawathie (Defendant Respondent), the court addressed the issue of whether the lower courts properly evaluated the evidence related to the partition of inherited land among family members, specifically concerning the sufficiency of admissions, pedigree, and title deeds, including Deeds No. 7160 and 5825. It was held that the District Court and the Civil Appellate High Court had erred by dismissing the Plaintiff Appellant’s evidence and not adequately requiring or evaluating the Defendant’s evidence, thereby failing their duty under the Partition Law to scrutinize the title before ordering a partition. The principle was reaffirmed that courts must rigorously investigate title and evid

