Gamathige Dona Premawathie Perera v. Tantrige Neulin Peiris – SC APPEAL NO.118/2012-2017

In the case between Gamathige Dona Premawathie Perera (Plaintiff-Respondent) and Tantrige Neulin Peiris (2nd Defendant-Appellant), the court addressed the issue of whether a disputed strip of land, specifically demarcated by an old drain or ditch, formed part of the land to be partitioned. The findings established that the documentary and oral evidence, including historical survey plans and testimonies of surveyors, did not support the 2nd Defendant’s contention regarding the current existence or legal significance of the ditch. It was held that there was no reason to disturb the decision of the High Court affirming the partition boundaries as established by the Plaintiff. This decision reinforced the principle that partition actions depend on credible, clearly demarcated evidence of bound