Weerasinghe vs. Heiling and Another – sllr 2020 volume 3 page 136

In the case between the Plaintiff‑Respondents (property owners) and the Defendant‑Appellants (including the 1st and 2nd Defendants who executed the deed), the court addressed the validity of a notarial deed where the full stated consideration was not paid, the requirement for a declaration of title before seeking ejectment, and the applicability of prescription defenses. It was held that a deed executed by a Notary Public remains valid even if the full consideration is unpaid, provided there is no fraud, allowing recovery of any unpaid balance through a separate action. Once title is established, ejectment is permitted without a specific prayer for a declaration of title. The findings established that arguments concerning fraudulent consideration and prescription were not sustained, the ap