Marshal Perera and Others v. Dona Aginis and Another – sllr 1988 volume 1 page 248

In the case between Marshal Perera and Others (Plaintiff-Respondent) and Dona Aginis and Another (Defendant, focusing on the 9th defendant-appellant), the court addressed the proper interpretation of deeds conveying undivided shares in a partition action, specifically the fractional entitlement of the 9th defendant to the corpus. It was held that entitlement is confined to the fractional share evidenced in the deed, and a purchaser of an undivided share is limited to that same proportion in the corpus subject to partition. This position was reaffirmed in light of established legal principles articulated in cases such as Girigoris Perera v. Rosalin Perera and Fernando v. Fernando, and the decision maintained that no greater share could be acquired through possessory or equitable arguments.