A. K. D. Lionel Dagiligoda vs A. K. D. Kusumawathi Suriyagoda – SC APPEAL 78/2012-2024

In the case between A.K.D. Lionel and A.K.D. Gunapala (Plaintiff-Respondent-Appellants) and A.K.D. Kusumawathi (Defendant-Appellant-Respondent) alongside A.K.D. Karunaratna (Defendant-Respondent-Respondent), the court addressed the dispute regarding partition of land and allocation of rights over a building depicted in Plan No. 444. The issue considered was whether the Provincial High Court of Civil Appeals erred in awarding the disputed portion claimed by the 1st Defendant, despite evidence supporting Plaintiffs’ title over the building based on prior judgments and deeds of gift. It was held that the appellate court’s decision favoring the 1st Defendant was incorrect since evidence did not substantiate her claims, and the Plaintiffs’ title was affirmed. The principle reaffirmed is that en