Dhanawathie vs. Nandasena (Bentara Nanda Thero) – sllr 2016 volume 1 page 018

The case between Dhanawathie (Plaintiff) and Nandasena (now known as Bentara Nanda Thero, Defendant) centered on the issue of whether Deed of Transfer No. 33504 was duly executed in accordance with legal formalities. The central legal questions considered included the allocation of the burden of proof in allegations of forgery or fraud, and the requirements imposed by statutes such as the Evidence Ordinance, Prevention of Frauds Ordinance, Notaries Ordinance, and the Civil Procedure Code. The judgment determined that the Plaintiff had established the due execution of the deed on a balance of probabilities, setting aside the District Court’s original judgment and allowing the appeal. The decision confirmed that proper proof of all necessary formalities—including signatures by the notary and