Thilagaratnam v. Athpunathan and Others – sllr 1996 volume 2 page 066

In the case between Thilagaratnam (Plaintiff) and Athpunathan and Others (Defendants, including several respondents and trustees), the court examined whether the scope of title investigation in a partition action extends beyond the pleadings, admissions, and evidence presented, and addressed the entitlement of the 8th Defendant-Appellant to a share in the partitioned trust property. It was held that the court’s authority to investigate title is confined to the matters raised by the parties, and that trust property is not liable to seizure or sale in execution proceedings. The appellant’s claim to title by virtue of a fiscal conveyance was found unsupported by evidence, as no actual share in the trust corpus was demonstrated. Dismissal of the appeal reaffirmed that a bona fide purchaser for