Gamalajjage Jayathilake vs Wijesinghage Nimalawathie – SC APPEAL NO: 154/2018-2025
The court addressed the issue of ownership and lawful entitlement concerning the partition of a disputed land parcel. It was held that the identity of the original owner had been properly established, the evidentiary requirements for proving pedigree and ownership under the Evidence Ordinance were satisfied, and the prescriptive rights claimed by the 3rd defendant did not warrant exclusion of any lots from the partition. The court reaffirmed the principle that, where the evidence substantiates the identity of the corpus and legal entitlement is demonstrated, a partition decree will not be disturbed. This decision relied on the Evidence Ordinance (specifically sections 32(5) and 32(6)) and relevant case law, underscoring the necessity for reliable documentary and testimonial evidence in par

