Abeysingha v. Anver – SC APPEAL NO. 113/13-2017

In the case between Don Padmasiri Abeysingha (later substituted by Don Muditha Abeysingha) and Abdul Salam Mohamed Anver (among other parties), the court addressed whether the document titled “Deed of Agreement” (Deed 713) constituted an agreement to sell or simply functioned as security for a loan. It was determined that the true intention behind Deed 713, when read with the related Debt Conciliation Board settlement, was to secure a loan rather than effect an outright sale. The findings established that the 1st Defendant, Anver, could not claim title on the basis of specific performance or prescription due to inconsistent claims in previous proceedings and a failure to timely assert a consistent legal right. The principles underlying these determinations were drawn from statutory provisi