Identification of the corpus, dispute on the pedigree in a partition action.

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PODI APPUHAMY AND ANOTHER VS GUNASEKARA AND OTHERS

-all documents marked during the trial of the partition action can be considered as evidence for all the purposes of this case.-Sri Lanka Ports Authority vs Jugolinija-Boal East (1981) 1 SLR 18

-The judge is not bound to accept plaintiff’s or defendant’s pedigree; he must inquire which pedigree is proved before the court.

-As per section 26, the judge can demarcate and seperate a portion of the land which represent the  share of any particular party and also order that any any share remain un allotted.

-If parties separately claim title to the corpus, there’s a dispute.

-The question is whether the land can be partitioned or not.

-If a party wants to partition a land he should first have to prove the identity of the corpus.