Jayasundera v. Wijetilake And Others – sllr 2006 volume 3 page 401

In the case between Jayasundara (Plaintiff-Respondent) and Wijetilake and others (Defendant-Appellants, including interests related to T. M. Punchi Mahaththaya), the court addressed the interpretation of reservation clauses in land deeds, specifically whether mineral rights reserved to a vendor constitute a personal right extinguished on death or a real right devolving to heirs. It was held that the reserved right operates as a real right in immovable property, not extinguished upon death but transferable by operation of law to the heirs. This principle reaffirms the approach under Sri Lankan property law that absence of words of limitation in the reservation does not necessarily preclude such a right from devolving. The decision relied upon both local statutory and case law authorities, c