Gunasekera v. Soothanona – sllr 1988 volume 2 page 008

In the case between S. Gunasekera (plaintiff) and Soothanona (defendant), the court addressed the dispute concerning the confirmation and allocation of property under a partition scheme, specifically the fair distribution of road frontage and marshy land, and the appropriate allocation of building No. 17. It was determined that the scheme proposed by the Commissioner contained inequities and failed to meet the statutory requirements of equitable distribution. Reliance was placed on the comparison of the Commissioner’s plan with an alternative scheme by Surveyor Ambepitiya, with the key legal principle reaffirmed that, where deficiencies exist, the proper procedure is to modify the scheme rather than reject it outright. The appellate decision directed the matter be remitted to the Commissio