Francis Samarawickrema v. Dona Enatto Hilda Jayasinghe & Don Stephen Jayasinghe – SC APPEAL NO. 7/2004-2009

Brief
In the case between Francis Samarawickrema (Plaintiff-Respondent-Appellant) and Dona Enatto Hilda Jayasinghe, Don Stephen Jayasinghe, and others (Defendants-Appellants-Respondents), the court considered whether the impugned deeds (P3 and P4) relating to land transfer were duly executed, and if evidence, including that under Section 33 of the Evidence Ordinance, adequately proved execution and addressed allegations of fraud. The proceedings involved an initial District Court judgment in favor of the Appellant, a reversal by the Court of Appeal on grounds of insufficient proof, and an ultimate determination on appeal to the Supreme Court. It was held that the Appellant had discharged the burden of proof for due execution, and the evidence, including previously recorded testimony of the