26.
| (1) At the conclusion of the trial of a partition action, or on such later date as the court may fix, the court shall pronounce judgment in open court, and the judgment shall be dated and signed by the Judge at the time of pronouncing it. As soon as may be after the judgment is pronounced, the court shall enter an interlocutory decree in accordance with the findings in the judgment, and such decree shall be signed by the Judge. |
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| (2) The interlocutory decree may include one or more of the following orders, so however that the orders are not inconsistent with one another: -
| | (a) order for a partition of the land; | | |
| | (b) order for a sale of the land in whole or in lots; | | |
| | (c) order for a sale of a share or portion of the land and a partition of the remainder; | | |
| | (d) order that any portion of the land representing the share of any particular party only shall be demarcated and separated from the remainder of the land; | | |
| | (e) order that any specified portion of the land shall continue to belong in common to specified parties or to a group of parties; | | |
| | (f) order that any specified portion of the land sought to be partitioned or surveyed be excluded from the scope of the action; | | |
| | (g) order that any share remain unallotted. | | |
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| (3) Where in a scheme of partition of a land under this Law a person is entitled to a divided portion which, by reason of its trivialness in extent or value, the court considers it inexpedient to allot to that person, the court may, on the payment to the person of such compensation as may be determined by the court, allot that portion to any other person who in that scheme is entitled to a divided portion adjoining the first-mentioned portion. |
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| (4) Where a partition action is in respect of two or more lands, the interlocutory decree may, in lieu of ordering the allotment of divided portions in all such lands to the persons entitled thereto, order that-
| | (a) any divided portion or portions of one or of some of such lands, or | | |
| | (b) the entirety of one or of some of such lands, whether with or without any divided portion or portions of any other such land or lands, | | |
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| (5) Where in an interlocutory decree the court has ordered the sale of a share or portion of the land and the partition of the remainder, the court may allot to each of the parties such share of the money to be realized by the sale of the share or portion of land ordered to be sold, or such share of the soil in the remainder ordered to be partitioned, or such share of both the money and the remainder of the land, as the court may consider just in the circumstances of each case. |
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Sri Lanka Consolidated Acts