Leelawathie v. Abeykoon And Others – sllr 2005 volume 3 page 127

In the case between Leelawathie and Abeykoon and Others, the court addressed whether the District Judge possessed jurisdiction to order the sale of Lot 4 when neither the interlocutory decree nor the judgment expressly authorized such a sale. The court determined that, under the Partition Law—including sections 26(2), 31(2), 32, and particularly section 36(1)/(2)—a sale of any lot after submission of the partition scheme may only be ordered when a surveyor’s report confirms the lot is less than the minimum extent required for development. It was found that the District Judge’s reliance on inference, absent supporting evidence or a relevant surveyor’s report, rendered the sale order of Lot 4 improper. The District Judge’s order was set aside, and the matter was remitted for reconsideration