IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA SC Appeal No: 61/2013 Karmini Chandraleka Weerasinghe.

13, Hewahata Road, Kandy SC/HCCA/LA No: 139/10 PLAINTIFF CA/HCA 501/2004 DC Kandy No. P/13227 - VS -

1. Gayawansa Noel Opananda, No. 123, Hamanagoda, Katugastota

2. Donald Rathnakumara Hamanagoda, Katugastota.

3. Gawaripihille Gedara Harrey No. 128, Hamanagoda, Katugastota DEFENDANTS AND BETWEEN

3. Gawaripihille Gedara Harrey No. 128, Hamanagoda, Katugastota 3^rd DEFENDANT – APPELLANT - VS -

Karmini Chandraleka Weerasinghe.

13, Hewahata Road, Kandy PLAINTIFF – RESPONDENT 1. Gayawansa Noel Opananda, No. 123, Hamanagoda, Katugastota

2. Donald Rathnakumara Hamanagoda, Katugastota.

1^ST AND 2^ND DEFENDANT –

RESPONDENTS AND NOW BETWEEN Karmini Chandraleka Weerasinghe.

13, Hewahata Road, Kandy PLAINTIFF – RESPONDENT APPELLANT - VS -

3. Gawaripihille Gedara Harrey No. 128, Hamanagoda, Katugastota

3a. Kodikara Gedara Wickramasinghe No. 128, Hamangoda Katugastota.

3b. Kodikara Gedara Hemalatha No. 122/6, Ritigahapalana Pallemulla, Halloluwa.

3c. Kodikara Gedara Chaminda No. 128, Hamangoda Katugastota SUBSTITUTED 3^RD DEFENDANT –

APPELLANT – RESPONDENTS

1. Gayawansa Noel Opananda, No. 123, Hamanagoda, Katugastota

1a. Srikanthi Monika Dayawickrama No. 123, Hamangoda, Katugastota.

1b. Gosindu Sanka Gayawansa No. 123, Hamangoda, Katugastota.

1c. Prathiba Buddhi Upahara Gayawansa No. 123, Hamangoda, Katugastota SUBSTITUTED 1^ST DEFENDANT –

RESPONDENT – RESPONDENTS

2. Donald Rathnakumara Hamanagoda, Katugastota.

2a. Ayesha Samankathi Opananda No. 53, Anagarika Dharmapala Mawatha, Kandy.

2b. Tinalee Charika Rathnakumara No. 53, Anagarika Dharmapala Mawatha, Kandy.

SUBSTITUTED 2^ND DEFENDANT –

RESPONDENT – RESPONDENTS Before : E. A. G. R. Amarasekara, J.

Janak De Silva, J.

Achala Wengappuli, J.

Counsel : Rohan Sahabandu, PC. With Ms. Chathurika Elvitigala for the Plaintiff –

Respondent – Appellant.

Priyantha Gamage for the Substituted 3^rd Defendant – Appellant –

Respondents.

Argued on : 28.03.2024 Decided on : 13.06.2025 E. A. G. R. Amarasekara, J.

This Appeal was made by the Plaintiff – Respondent – Appellant (Hereinafter sometimes referred to as “Plaintiff” or “Appellant”) against the Judgment of the Civil Appellate High Court of Kandy dated 31.10.2010. (As per the said Judgment Civil Appellate High Court Number is C.P/ H.C.C.A /501/2004 but as per the caption in this Court it is mentioned as No. CA/HCA /501/2004). It was an appeal made by the 3^rd Defendant – Appellant – Respondents (Hereinafter sometimes referred to as “3^rd Defendant” or “3^rd Respondent”) against the Judgement of the learned District Judge of Kandy dated 21.05.2004 made in DC Kandy Case No. P/13227. The learned District Judge held in favour of the Plaintiff and decided to partition the land named “Southern Part of Pusselindewatte” morefully described in the schedule to the Plaint filed in the District Court as prayed for in the Plaint. The learned High Court Judges sitting in appeal set aside the Judgement of the learned District Judge.

The Plaintiff averred a pedigree in the Plaint which commences from the original owner Palingu and ends with Plaintiff, 1^st Defendant and 3^rd Defendant giving each of them 1/3 share of the subject matter owing to the execution of the deeds mentioned in the said Plaint.

As per the Plaint, the land is of 8 Kurunis of paddy sowing and the boundaries have been described as follows;

¥ North: Ditch of Yaddehigewatte of the remaining portion ¥ East: Fence of Pansalwatte ¥ South: Fence of Marakkalawatte ¥ West: Fence of Appullannagewatte The 3^rd Defendant was subsequently added as a party and he filed his Statement of Claim claiming prescriptive title to the land relevant to the case, and also averred that the matter is Res Judicata between the Parties since an action filed to evict the 3^rd defendant from the said land by the mother of the Plaintiff was dismissed on a previous occasion. Thus, the 3^rd Defendant prayed for the dismissal of the Plaintiff’s action and al