IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA Edinadurage David Silva, of Kudaheella, Beliatta.

Plaintiff Vs.

C.A. Case No: DCF-0943-97 1. Edinadurage Adarahamy, of Kudaheella,Beliatta.

D.C. Tangalle Case No: 2136/P

2. Watte Arachchige Theris Appu, 3. Watte Arachchige Darmadasa, 4. Watte Arachchige David, 5. Watte Arachchige Ariyadasa, 6. Watte Arachchige Pelis Singho, 7. Watte Arachchige Ramadasa, 8. Watte Arachchige Karunawathi, All of Kudagahahena, Kudaheella, Beliatta.

9. Hewa Batagodage Piyadasa, of Pahala Watta, Kudaheella, Beliatta.

9A. Hewa Batagodage Sammy, of Pahala watta, Kudaheella, Beliatta.

9A1. Hewa Batagodage Nandasena, of Pahala watta, Kudaheella, Beliatta.

10. Piyadasa Kodituwakku, Mahaheella, Beliatta.

10A.Yasalal Kodituwakku, Mahaheella, Beliatta.

11. Hewa Batagodage Hinnihamy, Pahala Watta, Kudaheella, Beliatta.

12. Somapala Samaranayake Weerasinghe, of Mahaheella, Beliatta.

13. Hewa Batagodage Heen Appu Somapala, of Pahala Watta, Kudaheella, Beliatta

1^st – 13^th Defendants AND NOW BETWEEN

10A. Yasalal Kodituwakku, Mahaheella, Beliatta.

Substituted 10 A Defendant-Appellant VS.

Edinadurage David Silva, of Kudaheella, Beliatta.

Plaintiff-Respondent

1. Edinadurage Adarahamy, of Kudaheella,Beliatta.

2. Watte Arachchige Theris Appu, 3. Watte Arachchige Darmadasa, 4. Watte Arachchige David, 5. Watte Arachchige Ariyadasa, 6. Watte Arachchige Pelis Singho, 7. Watte Arachchige Ramadasa, 8. Watte Arachchige Karunawathi, of Kudagahahena, Kudaheella, Beliatta.

9. Hewa Batagodage Piyadasa, of Pahala Watta, Kudaheella, Beliatta.

9A. Hewa Batagodage Sammy, of Pahala watta, Kudaheella, Beliatta.

9A1. Hewa Batagodage Nandasena, of Pahala watta, Kudaheella, Beliatta.

11. Hewa Batagodage Hinnihamy, Pahala Watta, Kudaheella, Beliatta.

12. Somapala Samaranayake Weerasinghe, of Mahaheella, Beliatta.

13. Hewa Batagodage Heen Appu Somapala, of Pahala Watta, Kudaheella, Beliatta

13A. Hewa Batagodage Freddie Samantha, of Kudaheella, Beliatta.

Defendant-Respondents Before:

M. T. Mohammed Laffar, J.

S. U. B. Karalliyadde, J.

Counsel:

Asthika Devendra with Milindu Sarathchandra for the Plaintiff-Respondent Manohara De Silva, P.C. with Ms. Hirosha Munasinghe and Ms. Dilmini De Silva for the 10^th to 12^th Defendant-Appellant Written submissions tendered on:

02.12.2022 by the Plaintiff-Respondent

06.12.2022 by the 10A Defendant-Appellant Argued on: 05.10.2022 Decided on: 25.05.2023 S.U.B. Karalliyadde, J.

This appeal is against the judgement dated 24.09.97 of the learned District Judge of Tangalle in a partition action in which the learned District Judge decided to partition the subject matter. The substantive issue that the District Judge had to decide was whether 1/7^th share of the subject matter owned by one Allis should devolve as per the pedigree of the Plaintiff-Respondent (the Plaintiff) or as per the pedigree set out by the 10^th Defendant–Appellant (the 10^th Defendant). The learned District Judge has decided that Allis’s share should devolve as per the Plaintiff’s pedigree. This appeal of the 10^th Defendant is against that decision.

According to the Plaintiff’s pedigree, Allis’s 1/7^th share had been devolved on Luwishamy on the Fiscal’s Conveyance No. 2849 dated 10.03.1900 marked as P1. That Fiscal’s Conveyance had been executed by virtue of a writ of execution issued by the Court of Request of Tangalle in case No.1401 filled by Luwishamy against Allis. Thereafter, Luwishamy transferred his rights to Dineshamy by Deed No. 3562 dated 13.07.1900 marked as P4/P5. Dineshamy’s rights had devolved on the P1aintiff as described in the plaint. While P1 was not registered in the Land Registry, P4/P5 was registered on 13.07.1900. According to the 10^th Defendant’s pedigree, Allis had mortgaged his 1/7^th share by deed of mortgage No. 22866 dated 24.02.1895 marked as 9V1 to Hendrik. Thereafter Hendrik had bought the rights of Allis on a Fiscal’s Conveyance No. 3048 dated 09.05.1902 marked as 9V2 when the writ was executed in case No. 1462 of the Court