Atapattu and Others v. People’S Bank and Others – sllr 1997 volume 1 page 208

In the case between Atapattu and Others (plaintiffs) and People’s Bank and Others (defendants), the court addressed whether a “specified heir” or testate heir could substitute for a deceased applicant in proceedings under section 71 of the Finance Act concerning land redemption. It was determined that such substitution is permissible, with the substituted heir stepping into the legal position of the deceased applicant, and the Bank’s discretionary power to vest the premises arising subsequently. The provisions of section 71(2) and 91 were analyzed, and it was emphasized that the ouster clause of section 71(3) does not preclude judicial review under Article 140 of the Constitution. The principle reaffirmed is that statutory ouster does not exclude constitutional remedies, and proper notice