Mendis v. Abeysinghe and Another – sllr 1994 volume 2 page 029

In the case between Denzil Mendis and others (plaintiffs) and Alexander Edmund Rajapaksa Abeysinghe (defendant), the court addressed issues arising from the defendant’s failure to convey clear title in a land sale agreement, specifically due to non-disclosure of ongoing testamentary proceedings and unpaid estate duty constituting an encumbrance. It was determined that the obligation to convey clear title rests on the vendor, and breach of this leads to recoverable damages, provided claims are not time-barred. The decisions turned on the construction of the agreement, conduct of the parties regarding delay, and application of section 7 of the Prescription Ordinance. The case affirmed that failure to disclose material defects in title may give rise to damages, but such claims remain subject