Karunaratne v. Ranasinghe Hamine (Since Deceased and Substituted By S.R.A. Karunawathie) and Others – sllr 1993 volume 1 page 299

Brief
In the case between Charlotte Griselda Rupasinghe Karunaratne (1st plaintiff) and Ranasinghe Hamine (1st defendant-respondent), the court addressed whether a co-owner’s loss of possession due to a usufructuary mortgage affects the right to initiate a partition action. It was held that ownership, not actual possession, is the determining factor for the right to partition, and transfer of possession under a usufruct does not preclude the owner from seeking partition. This conclusion reaffirmed the principle that legal ownership remains paramount for partition proceedings, with reference to historical precedent and statutory interpretation—including analysis of both the Partition Ordinance of 1863 and Partition Act, No. 16 of 1951. The appellate decision set aside the District Judge’s d