Punchi Menika and Another v. Kirimudyanse and Another – sllr 1982 volume 1 page 039

In Punchi Menika and another v Kirimudiyanse and another, the court addressed the issue of whether a deed of gift (D4) executed by Kiri Banda, containing a misdescription due to mutual mistake, should be rectified to reflect the true interests intended to be conveyed. It was held that the deed should be treated as rectified so as to confer full title of Lot 3 on the defendants (Kirimudiyanse and another), thereby dismissing the plaintiffs’ (Punchi Menika and another) claim. The legal principle reaffirmed is that rectification of an instrument may be granted when mutual mistake is proven, particularly to give effect to the actual intention of the parties. The decision relied on precedents such as Fernando vs Fernando and Girigoris Perera vs Rosaline Perera, emphasizing that equitable relief