Muthubanda and Another v. Gunaratne – sllr 1999 volume 3 page 001

In the case between N. S. A. Gunatileka (plaintiff-respondent) and Muthubanda and others (defendants-appellants), the court addressed the validity of revoking a deed of gift under section 4(1) and 5(1) of the Kandyan Law Declaration and Amendment Ordinance when title was claimed to have transferred to a third party. The sufficiency of evidence regarding deed execution, particularly compliance with Evidence Ordinance s.68, and the priority of deed registration were also central issues. It was held that the donor’s right to revoke the deed, unless expressly renounced, persisted and was validly exercised via the deed of revocation. Title was determined to have legitimately passed by the deed of transfer, and the registration of subsequent deeds could not revive a previously revoked gift deed.