A.L. Shiran Gooneratne J.

[01] The Plaintiff-Respondent-Appellant instituted this action to partition the land called Indigahaowita alias Puwakgahaowita in extent 1 Rood and 27 perches (A.0 R.1 P.27) depicted in Surveyor General’s title Plan No. 183522 dated 04/10/1899, and morefully described in the schedule to the Amended Plaint dated 12/03/1990. The Plaintiff-Appellant’s claim was based on a Crown Grant given in the year 1900. However, there was no reference to any plan depicting the said corpus as described in the schedule to the Plaint. A Preliminary Plan of the land sought to be partitioned was appended to the Amended Plaint and in that the Plaintiffs have given undivided rights to the Plaintiffs and to the 1^st to 6^th Defendants.

[02] The 1^st, 3^rd, 7^th, 8^th, and 9^th contesting Defendants-Appellants-Respondents in their joint Amended Statement of Claim dated 10/09/1990 took up the position that Lots Nos. 1 and 2 depicted in the Preliminary Plan No. 123 dated 16/05/1987 made by Michel J. Silva Licensed Surveyor marked ‘X’, and the corresponding report marked ‘X1’, in extent of One Rood and Twenty Seven decimal Three Eight Five Perches (A.0 R.1 P.27.385) is a different land called