Allen Chamini Johnson vs Kuruvitage Beny Silva – SC APPEAL 86/2011-2025

In the case between Kuruvitage Beny Silva (Plaintiff) and the 1st to 9th defendants (appellants, including associated parties), the court addressed the issue of whether the land corpus in a partition action had been properly identified by reference to its metes and bounds. It was determined that the discrepancies between the boundaries in the plaint and the preliminary plan, particularly regarding the northern boundary, did not undermine the sufficient identification of the land for partition purposes. The court reaffirmed the principle that the trial judge must ensure precise identification of land in partition actions, citing precedents such as Ranasinghe and Another v. Gunasekera and Another and Jayasooriya v. Ubaid. The appeal was dismissed, upholding the decisions of the District Cour

REF: SC APPEAL 86/2011-2025 Category: Tag:
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