Fernando vs Jinadasa – SC APPEAL 134/12-2018

In the case between Hewa Narandeniyage Jinadasa (Plaintiff–Respondent, with co-owners) and Shirley Anthony Fernando (4th Defendant–Appellant), among other parties, the court addressed the issues of proper land identification in partition proceedings, the establishment of prescriptive title, and the sufficiency of proof regarding the genuineness of title deeds under the Partition Act and the Evidence Ordinance. The central question was whether the Plaintiff sufficiently proved ownership and whether the challenged deeds (P1–P17) were adequately examined. The holding determined that deficiencies in proving title and authenticity of the deeds warranted setting aside the previous partition orders. The principle reaffirmed is that clear and adequate proof of title is fundamental in partition act