Wijeyaratne and Another v. Somawathie – sllr 2002 volume 1 page 093

In Wijeyaratne and Another v. Somawathie, the court addressed whether deed No. 986, dated 11.03.70, was duly executed, with focus on compliance with the procedural requirements of the Notaries Ordinance (sections 31 and 33), and the essential due execution requirements under section 2 of the Prevention of Frauds Ordinance. The matter arose from a rei vindicatio action concerning land, with allegations of procedural irregularity—namely, the use of a thumb impression without a traditional mark. Upon review of the evidence, including witness testimony and the circumstances of deed execution, it was held that minor procedural lapses did not render the deed invalid, as the central statutory requirements had been satisfied. The District Court’s dismissal of the challenge to the deed’s validity w