Hettige Don Tudor vs Hettige Don Ananda Chandrasiri – SC APPEAL 134/16-2018

In the case between Hettige Don Tudor, Hettige Lakshman Sandasiri, Hettige Dona Seetha Padmini Sandasiri (Plaintiffs) and Hettige Don Ananda Chandrasiri, Hettige Don Edwin alias Edman, Hettige Dona Lalitha, Hettige Don Sunila (Defendants/Respondents) among others, the court addressed whether the acceptance of a second surveyor’s plan in a partition action, contrary to the requirements of the Partition Law, rendered the District Court’s decision invalid. The determination emphasized that only the plan prepared by the duly appointed court commissioner should be used and that statutory mandates under the Partition Law cannot be overridden by party consent. The reliance on the earlier case of Sumanasena Vs Premaratne and Sections 16 and 18 of the Partition Law was reaffirmed, leading to the ho