1958 Present : Basnayake, C.J., and Sinnetamby, J.

P.M. COORAY et al., Appellants, and M. A. P.
WIJESURIYA, Respondent

S. C. 26-D. C. Kalutara, 29505/L

    Partition action-Duty of Court to examine title of each party-Proof of pedigree-Statements in deeds-Evidential value thereof-Partition Act, No. 16 of 1951,. ss. 25, 26 (f), 48-Evidence Ordinance, S8. 32 (5), 32 (6), 50 (2).

Section 25 of the Partition Act imposes on the Court the obligation to' examine carefully the title of each party to the action.

Before a Court can accept as correct a share which is stated in a deed to, belong to the vendor there must be clear and unequivocal proof of how the vendor became entitled to that share. Apart from proof by the production of birth, death and marriage certificates, the relevant provisions of the Evidence Ordinance in regard to proof of a pedigree are to be found in section' 32 (5), 32 (6) and 50 (2).

APPEAL from a judgment of the District Court, Kalutara.

H. W. Jayewardene, Q.C., with cecil de S. Wijeratne, for 2nd to 5th Defendants-Appellants.

A. L. Jayasuriya, with S. D. Jayasundera, for Plaintiff-Respondent.

Cur. adv. vult.

October