Susantha Nanayakkara vs Malika Vidanaarachchige Gunaseeli – SC APPEAL NO 123/13-2019

In the case between Susantha Nanayakkara (substituted plaintiff for David Chandrasena Nanayakkara, deceased) and multiple defendants, the court addressed the issue of whether a disputed land, surrounded by conflicting survey plans, had been effectively partitioned so as to constitute a separate corpus, and whether mere signature of an amicable partition agreement (without a partition deed or clear boundary demarcation) was sufficient to terminate co-ownership and establish prescriptive title. It was held that the evidence failed to establish a distinct, properly partitioned land separate from the larger tract and that the absence of boundary demarcation or formal partition deed did not suffice to extinguish co-ownership. This decision reaffirmed the principle that amicable agreements, abse