Uthuwan Pathirannehelage Karunadasa vs E. M. Kamalawathi – SC APPEAL 35/2024-2025

The court addressed the issue of title and boundary determination concerning a specific parcel of land, focusing on discrepancies between the land extent as depicted in the surveyor’s plan and as described in the court decree. The court held that the Plaintiffs were entitled to the entirety of 14.62 perches as shown in the survey plan (Lots 01 and 02), rather than the 10.625 perches stated in the decree, and that the decree should be corrected under Section 189 of the Civil Procedure Code to resolve the clerical error. This decision reaffirmed the principle that clerical and arithmetical errors in judgments or decrees may be corrected to reflect the court’s true intention. The findings relied upon the application of the Civil Procedure Code and past appellate authority, highlighting the im

REF: SC APPEAL 35/2024-2025 Category: Tag:
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