Basnayake v. Peter And Others – sllr 2005 volume 3 page 197

In BASNAYAKE v. PETER AND OTHERS, the dispute centered on the partition of land, where the trial judge divided shares based exclusively on the plaintiff’s evidence. The central legal issue addressed was whether the trial judge sufficiently examined title and appropriately resolved contested matters as required under Section 25 of the Partition Law and Section 187 of the Civil Procedure Code. The proceedings revealed that the trial judge failed to investigate the title or provide reasoned answers to issues raised by the parties, merely accepting the plaintiff’s assertions. The appellate court determined that such bare findings without detailed reasoning violated statutory mandates. Consequently, the original judgment was set aside, and a trial de novo was ordered, reaffirming the principle