Gunasinghe Chandrawathie vs Gunasinghe Siriyawathie (Deceased) – SC/APPEAL/0060/2020-2025

The proceedings involved a claim for partition based on specified share allotments and a Commissioner’s plan that allegedly failed to meet statutory land subdivision requirements. It was determined that the impugned order of the District Judge, which had confirmed the Commissioner’s plan, was to be upheld with the exception of a modification ordering Lot No. 5 to be relocated and merged with Lot No. 6. The holding reaffirmed that partition schemes must comply with statutory provisions under the Partition Law, particularly regarding the minimum extents required for land allotments, and that any non-conforming lot should be adjusted to secure a valid scheme. Relevant statutory provisions and prior applications of Section 31(2) of the Partition Law informed the decision, with the revised sche

REF: SC/APPEAL/0060/2020-2025 Category: Tag:
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