Nuwarapaksa Pedige Gunawathie vs. Nuwarapaksa Pedige Malani and Meragal Pedige Wimaladasa – SC APPEAL 53/2013-2017

In the case between Nuwarapaksa Pedige Gunawathie (Plaintiff-Respondent-Appellant) and Nuwarapaksa Pedige Malani, Meragal Pedige Wimaladasa (Defendant-Appellant-Respondents) among others, the court addressed the issue of whether the Civil Appellate High Court erred by declaring the 1st Defendant a co-owner of the disputed property and whether the Plaintiff could maintain an ejectment action for a portion of undivided land amid disputes over the deed of gift, possession, and evidence relating to binna versus diga marriage. It was held that the Respondents’ continued possession lacked legal justification, the appeal was allowed, the High Court’s judgment was set aside, and the Additional District Judge’s decision in favour of the Appellant was upheld. This outcome reaffirmed the principle th