Kandasamy v. Sinnathamby – sllr 1985 volume 2 page 249

In the case between the plaintiff (under the deed of gift P1) and the 1st defendant, Kandasamy, the court addressed the issue of title to inherited land arising from competing claims over two deeds—a deed of gift and a later transfer deed. The court held that the deed of gift (P1), though the original was lost, was duly proven by admissible secondary evidence, and that the gift had priority of execution and registration over the defendant’s transfer deed. It was reaffirmed that secondary evidence is admissible to prove lost documents and that belated defenses, such as non-acceptance of a gift, cannot be raised after trial. This decision relied on provisions of the Evidence Ordinance and rules governing registration and priority of deeds, emphasizing that validly executed and registered ins