IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA Wijesekera Weerawickrema Wickremasinghe Mudiyanselage Dharmapala

188/8, Pathiragoda Road, Navinna, Maharagama SC/APPEAL/137/2019 Plaintiff SC/HCCA/LA/447/2016 WP/HCCA/MT/59/2013(F) Vs.

DC NUGEGODA 116/08/SPL

1. Thanippuli Achchige Seelawathie No. 127, Shantha Niwasa, Halpita, Polgasowita

2. Polgahawattage Upali Sigera No. 92, Kanatta Road, Nugegoda

3. Polgahawattage Swarna Sigera No. 92, Kanatta Road, Nugegoda

4. W.W.W.M. Shalika Prasadi No. 127, Shantha Niwasa, Halpita, Polgasowita

5. W.W.W.M. Sarika Krishadi No. 127, Shantha Niwasa, Halpita, Polgasowita

6. W.W.W.M. Chanaka No. 127, Shantha Niwasa, Halpita, Polgasowita Defendants AND BETWEEN Wijesekera Weerawickrema Wickremasinghe Mudiyanselage Dharmapala

188/8, Pathiragoda Road, Navinna, Maharagama Plaintiff-Appellant Vs.

1. Thanippuli Achchige Seelawathie No. 127, Shantha Niwasa, Halpita, Polgasowita

2. Polgahawattage Upali Sigera No. 92, Kanatta Road, Nugegoda

3. Polgahawattage Swarna Sigera No. 92, Kanatta Road, Nugegoda

4. W.W.W.M. Shalika Prasadi No. 127, Shantha Niwasa, Halpita, Polgasowita

5. W.W.W.M. Sarika Krishadi No. 127, Shantha Niwasa, Halpita, Polgasowita

6. W.W.W.M. Chanaka No. 127, Shantha Niwasa, Halpita, Polgasowita Defendant-Respondents AND NOW BETWEEN

1. Thanippuli Achchige Seelawathie No. 127, Shantha Niwasa, Halpita, Polgasowita

2. Polgahawattage Upali Sigera No. 92, Kanatta Road, Nugegoda

3. Polgahawattage Swarna Sigera No. 92, Kanatta Road, Nugegoda

4. W.W.W.M. Shalika Prasadi No. 127, Shantha Niwasa, Halpita, Polgasowita

5. W.W.W.M. Sarika Krishadi No. 127, Shantha Niwasa, Halpita, Polgasowita

6. W.W.W.M. Chanaka No. 127, Shantha Niwasa, Halpita, Polgasowita Defendant-Respondent-Petitioners Vs.

Wijesekera Weerawickrema Wickremasinghe Mudiyanselage Dharmapala

188/8, Pathiragoda Road, Navinna, Maharagama Plaintiff-Appellant-Respondent Before: Hon. Murdu N.B. Fernando, P.C., J.

Hon. Shiran Gooneratne, J.

Hon. Mahinda Samayawardhena, J.

Counsel: Rohan Sahabandu P.C. with Chathurika Elvitigala for the Defendant-Respondent-Petitioners.

Ranjan Suwandaratne with Anil Rajakaruna for the Plaintiff-

Appellant-Respondent.

Written Submissions:

By the Appellant on 16.08.2019 and 10.04.2023 By the Respondent on 07.10.2019 Argued on: 27.02.2023 Decided on: 29.01.2024 Samayawardhena, J.

Background Wilson was the owner of the property in dispute. He had no children. He and his wife legally adopted Rupawathie as their child. Wilson gifted the property to Rupawathie. Rupawathie married to Ariyaratna. They too had no children. When Rupawathie died on 10.12.2006, both her parents and her husband had already died. Then the property should devolve on brothers and sisters of her parents and their children, in accordance with the Matrimonial Rights and Inheritance Ordinance, No. 15 of 1876, as amended.

Wilson has had several brothers and sisters. One of them is Dharmasena who had 10 children. Out of those 10, one is Kiribanda and another is the plaintiff. After Rupawathie’s demise, Seelawathie, the wife of Kiribanda, filed testamentary case No. 2684/07/08 in the District Court of Mt. Lavinia (as seen from the administrative conveyance No. 300 dated 30.04.2006 marked P5), on the basis that Kiribanda, and Rupawathie’s husband’s brother and sister are the only three heirs of Rupawathie.

Although the plaintiff and Kiribanda are brothers and the plaintiff is in possession of the property in dispute and the plaintiff also was an heir of Rupawathie, the plaintiff was not made a party to the testamentary case. The District Court granted letters of administration to Seelawathie and Seelawathie in turn transferred the property in dispute to the said three parties by the aforesaid administrative conveyance, which was registered in the land registry.

The plaintiff filed the instant action against the six defendants including the aforementioned three parties in the testamentary case, on the basis that Seelawathie fraudulently filed the testamentary ac