Solanga Arachchige Nomananda vs Solanga Arachchige Kulawardena – SC/APPEAL /40/2018-2025

The court addressed the issue of whether the failure to identify the land corpus in a partition action justified dismissal of the plaint. The case involved conflicting evidence regarding the physical identity of the land as depicted in a 1914 plan and subsequent surveyor reports, in contrast to numerical extents provided in later plans. It was determined that reliance solely on the extent figures was insufficient, and the trial court’s judgment dismissing the partition action was properly supported by the evidentiary record. The decision reaffirmed the legal requirement under the Partition Act for precise identification of the corpus in partition proceedings.

Murdu N.B. Fernando, PC.J.: It was determined that the evidentiary record, including the surveyor’s report and the discrepancie