PRIYANTHI

Vs.

UMA AND OTHERS

SUPREME COURT
THURAlRAJA, J.
WENGAPPULl, J.
SAMAYAWARDHENA, J.
SC/APPEAL/2/2019
SC/SPL/LA/193/2017
CA/1391/99 (F)
DC GALLE 9556/P
JULY 20, 2021

Partition action-Partition Law, No. 21 of 1977, section 25(1)-Duty cast on the District Judge to investigate title-Voyage of discovery unnecessary.

The plaintiff filed action in the District Court seeking to partition two contiguous allotments of land as one unit. The 4th, 5th and 7th defendants sought the dismissal of the partition action. After trial, the District Court entered judgment as prayed for by the plaintiff. The appeal filed by the 4th, 5th and 7th defendants against the judgment of the District Court was dismissed by the Court of Appeal. The 4th defendant appealed to the Supreme Court. The pivotal argument of the 4th defendant before the Supreme Court was that the District Judge failed to properly investigate the title to the land and therefore the judgment of the District Court should not be allowed to stand.

Held:

1. The position of the 4th defendant before the District Court as crystallised in the issues was not clear at all. His position before the Supre