Nawagamage Ishari Udeshika Perera vs Asithanjan Panduka Sena Amarasinghe – SC APPEAL73/2013-2025

The court addressed whether property, allegedly divided by plan but lacking a formal partition deed or execution, remained legally co-owned. It was held that the absence of executed partition instruments did not terminate co-ownership and that subsequent deeds and acts, including reservations of life interest, were insufficient to establish individual ownership through division. The remedy pursued—an action for definition of boundaries—was found to be inappropriate in light of continued co-ownership and complex title. Reference was made to key precedents such as Alfred Fernando v. Julian Fernando and relevant statutory principles under the Evidence Ordinance. The decision reaffirmed that legal partition of property requires formal compliance with prescribed procedures and documentation, em