Udalagama and Others v. Kempitiya – sllr 2002 volume 3 page 001

In the case between Udalagama and Others (plaintiffs) and Kempitiya (defendant), the court addressed whether, under Partition Law No. 21 of 1977, a District Court possesses authority to grant a right of way over land lying outside the corpus in a partition action. It was determined that the District Court lacked such power, as the relevant statutory provisions do not authorize the adjudication of rights extending beyond the partitioned property. The holding reaffirmed that orders affecting land outside the corpus exceed judicial power under the Partition Law. The decision reviewed and relied on statutory interpretation of Sections 2 and 26 of the Partition Law alongside precedents including Kanthia v. Sinnathamby, Thambiah v. Sinnathamby, and A.D. Dionis v. William Singho, emphasizing the