Gangegoda Appuhamillage Don Edmund Ananda Seneviratne vs Rohan Tissa Anthony Weeratunga and Tissa Indika Weeratunga – SC APPEAL 18/2010-2012

In the case between Gangegoda Appuhamillage Don Edmund Ananda Seneviratne and Krishnajeena Seneviratne (Defendants-Appellants) and Rohan Tissa Anthony Weeratunga and Tissa Indika Weeratunga (Plaintiffs-Respondents), the court addressed the validity of two Deeds of Gift executed by Arthur Weeratunga concerning land that had already vested in the Land Reform Commission under the Land Reform Law. It was determined that the gift deeds were null and void since the land had vested in the Land Reform Commission, rendering the donor only a statutory lessee without capacity to alienate the property. The legal principle reaffirmed is that upon statutory vesting of land, the former owner lacks the ability to execute valid transfers, and the doctrine of “exceptio rei venditae et traditae” does not app