Punchi Menika and Another v. Mudiyanse and Others – sllr 1983 volume 2 page 154

In the case between Punchi Menika and Another (Plaintiffs) and Mudiyanselage Kiribanda and Others (Defendants), the court addressed whether a deed of gift executed before a final partition decree could validly transfer an interest later altered by that decree, and whether equity permitted rectification of a deed affected by mutual mistake concerning property description. It was held that equity allows the rectification of such deeds to reflect the true intention of the parties, even when the property’s identity has subsequently changed due to a partition decree. The principle reaffirmed is that a court of equity possesses jurisdiction to rectify instruments so as to embody the real intention when a mutual mistake arises. Reliance was placed on equitable principles and relevant case law, es