S.A. Dona Nandawathi vs S.A. Dona Gunawathi – SC APPEAL 132/2014-2024

In the case between the Plaintiff‐Respondent‐Appellant (including parties relying on a Crown Grant and historical lineage, such as the primary Plaintiff) and the Defendants‐Respondents (including parties asserting a different identity for the land, such as Wijesuriya and others), the Supreme Court addressed the issue of whether the land sought to be partitioned had been accurately and conclusively identified. It was held that the corpus was not sufficiently established due to discrepancies in the boundaries and inadequacies in the survey and title evidence presented. The principle was reaffirmed that, in partition actions, the correct and precise identification of the corpus is an essential legal requirement. Reliance was placed on established statutes and case law governing partition proc

REF: SC APPEAL 132/2014-2024 Category: Tag:
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