M. Sampath K. B. Wijeratne J.

The Plaintiff, who is now deceased, instituted the present action to partition the lands called “Waliliyadda Kumbura” containing buildings bearing assessment numbers 56 and 57, and “Waliliyadda” in an extent of 4 perches and containing buildings bearing assessment numbers 53 and 54, more fully described in the schedule to the plaint as Land 1 and Land 2, respectively. Upon the issuance of a commission, A.A.S. Amarasekara, Licensed Surveyor, carried out a preliminary survey and tendered Plan No. 1523 along with the corresponding report. Thereafter, the 5^th Defendant moved for a commission to the Surveyor General, who tendered Plan No. B/Court/2006/506 along with his report.

The Plaintiff contended that the two lands were once owned by Budagoda Arachchilage Don Aron Wijewardhana Appuhamy, who transferred the first land described in the schedule to the plaint by Deed No. 33828 dated June 4, 1946, attested by G.B. Samaranayaka, Notary Public, to his children: Don Chandrawansha Wijewardhana, the Plaintiff; Don Siril Wijewardhana the 1^st Defendant-Respondent-Respondent (hereinafter referred to as the 1^st Defendant); Don Alfred Wijewardhana, the 2^nd Defendant-