IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal against the Judgement of the Provincial High Court of the Western Province (exercising its Civil Appellate Jurisdiction) holden at Avissawella, dated 30^th June 2015 in terms of the Article 128 of the Constitution read with Section 5C (1) of the High Court of the Provinces (Special Provisions) Act No.19 of 1990 as amended by the High Court of the Provinces (Special Provisions)

(Amendment) Act No.54 of 2006 Case no.: SC/APPEAL/222/2016 Leave to Appeal No: SC/HC/CALA/ 246/2015 Kuruwita Arachchillage Jagath HCCA (Avissawella): WP/HCCA/AV/1393/2012/F Kumara Abeythunga, D.C (Avissawella): 22844/P A27, Galpatha, Ruwanwella.

PLAINTIFF Vs

1. Kuruwita Arachchillage Jayatilake Kiriporuwa, Ampagala

2. Agas Pathirennehelage Gunaratna, Galpatha, Ruwanwella.

DEFENDANTS AND BETWEEN

1. Kuruwita Arachchillage Jayatilake Kiriporuwa, Ampagala

2. Agas Pathirennehelage Gunaratna, Galpatha, Ruwanwella.

DEFENDANT- APELLANTS Vs Kuruwita Arachchillage Jagath Kumara Abeythunga, A27, Galpatha, Ruwanwella.

PLAINTIFF- RESPONDENT AND NOW BETWEEN

1. Kuruwita Arachchillage Jayatilake Kiriporuwa, Ampagala

2. Agas Pathirennehelage Gunaratna, Galpatha, Ruwanwella.

DEFENDANT-APELLANTS- APPELLANTS Vs Kuruwita Arachchillage Jagath Kumara Abeythunga, A27, Galpatha, Ruwanwella.

PLAINTIFF-RESPONDENT- RESPONDENT BEFORE : L.T.B. DEHIDENYA, J., S. THURAIRAJA, PC, J. and YASANTHA KODAGODA PC, J COUNSEL : Thishya Weragoda with Prathap Welikumbura, Meinusha Gamage and Sashya Karunapalage for the Defendants-Appellants–

Appellants.

S. A. D. S Suraweera or the Plaintiff-Respondent-Respondent ARGUED ON : 6^th October 2020 WRITTEN SUBMISSIONS: Written Submissions for Defendants-Appellants-Appellants submitted on 17/01/2017 and 25/01/2021 Written Submissions for Plaintiff-Respondent-Respondent submitted on 18/01/2018 and 25/01/2021.

DECIDED ON : 29^th September 2021 S. THURAIRAJA, PC, J.

The Facts The Plaintiff-Respondent-Respondent namely Kuruwita Arachchillage Jagath Kumara Abeythunga (hereinafter referred to as the “Respondent”) instituted Partition action before the District Court of Avissawella by Plaint dated 30^th August 2006 against the Defendants; Kuruwita Arachillage Jayathilaka (1^st Defendant-Appellant-Appellant, hereinafter referred to as the “1 ^st Appellant”) and Agas Pathirennehelage Gunaratna (2^nd Defendant-Appellant-Appellant, hereinafter referred to as “2 ^nd Appellant”). The original owner of the land sought to be partitioned was one Kuruwita Arachchillage Peter Appuhamy who became entitled by virtue of final decree in Partition Action bearing No.7160 in the District Court of Avissawella and thereafter transferred his rights to one Kuruwita Arachchillage Hemaratne by Deed of Transfer No.36180 dated 11^th November 1968.

The said Hemaratne died intestate leaving behind 1/2 share to his wife Danasuriya Arachchige Baby Nona and the remainder 1/2 share to his six siblings namely Kuruwita Arachillage Kusumawathie, Jayathilaka (1^st Appellant), Kamalawathie, Gnanalatha (referred to as Gunathilaka in the District Court Judgement), Thilakalatha and Abeytunga. The said Baby Nona transferred her rights to the Respondent by the Deed of Transfer No.1628 dated 1^st June 2004. The aforesaid Kusumawathie, Kamalawathie, Gnanalatha and Thilakalatha transferred their rights to Jayathilaka (1^st Appellant) by Deed of Transfer No. 9925 and thereafter the 1^st Appellant transferred his rights to Agas Pathirennehelage Gunaratna (2^nd Appellant).

The Appellants by their joint Statement of Claims dated 29^th January 2009, prayed for dismissal of the action on the grounds that the said Hemaratne was a person Subject to Kandyan Law and that Baby Nona, wife of said deceased Hemaratne, was not entitled to any share of the land sought to be Partitioned, as the devolution of title from him has to be determined in accordance with Kandyan Law where the widow is only entitled to Life Interest in the land and that even the said