HAPUARACHCHI AND OTHERS

VS.

PODI NILAME AND OTHERS

SUPREME COURT
SURASENA, J.
KODAGODA, J.
SAMAYAWARDHENA, J.
SC/APPEAL/52/2018
SC/HCCA/LA/94/2015
SP/HCCA/KEG/860/2011/F
DC KEGALLE 25389/P
APRIL 29, 2021

Partition action-Identification of the corpus-Defendant's duty in identifying the corpus-Discrepancy in extent and boundaries- Comparison of traditional land measures with English standard equivalents-Failure of surveyor to answer whether the land surveyed is the land sought to be partitioned-Partition Law, No. 21 of 1977, sections 16(1), 16(2), 19(2), 18(1)(a) (i)

The plaintiffs filed action seeking to partition a land in extent of 15 lahas of paddy sowing area. The surveyor surveyed a land in extent of 1 acre,

1 rood and 32 perches. The main contention of the contesting 2nd to 5th defendants before the District Court was that the corpus had not been properly identified and therefore the plaintiffs' action must fail. After trial, the District Court partitioned the land depicted in the preliminary plan in accordance with the pedigree set out in the plaint. The High Court affirmed the judgment of the District Court. The contesting defendants