Thiththalapitige Tilakaratne vs Thiththalapitige Chandrawathi Perera et al – SC APPEAL 125/2016-2021

In the case between Thiththalapitige Tilakaratne (Plaintiff/Appellant) and Thiththalapitige Chandrawathi Perera (deceased), Thiththalapitige Wilbert Perera, Thiththalapitige Ruban Perera, and Thiththalapitige Vipula Namal Priyadharshana Perera (Defendants/Respondents), the court addressed issues concerning the proper identification of the land to be partitioned, the sufficiency of the Plaintiff’s title, and the validity of the 3rd Defendant’s legal claims, including inheritance and prescription. The court held that the land sought to be partitioned was properly identified in accordance with the plaint and title deeds, and that the Plaintiff’s pedigree was proved on a balance of probabilities. Claims regarding prescription and procedural enlargement of the subject matter by the 3rd Defendan