Abeyratne and Another v. Manchanayake – sllr 1992 volume 1 page 361

In Abeyratne and Another (plaintiff‑respondent) versus Manchanayake (defendant‑appellant), the court addressed whether an application for an order for delivery of possession under section 52(1) of the Partition Law is subject to the 10‑year limitation prescribed by section 337 of the Civil Procedure Code. It was held that the 10‑year limitation period begins only upon payment of owelty and compensation, not from the date of the partition decree. The reasoning emphasized the primacy of special provisions in the Partition Law over general rules in the Civil Procedure Code, reaffirming the principle generalia specialibus non derogant. Reliance was placed on statutory interpretation and established case law, establishing that delivery of possession may be ordered after payment of compensation,