Benthota Arachchige Kanthi Pushpa Ranjini vs Handagalage Dhammika Wajirapriya Sarathchandra Textiles – SC APPEAL 125/2011-2015

In the case between Benthota Arachchige Kanthi Pushpa Ranjini “Karunawasa” and Handagalage Dhammika Wajirapriya Sarathchandra Textiles, the court addressed the issue of whether legal title to the disputed land vested in the Defendant-Petitioner-Appellant, in light of the conditional nature of promissory deed ‘X’ and the alleged non-fulfillment of its repayment conditions. It was held that, due to non-compliance with the tender requirements stipulated in the deed, the plaintiff’s claim could not succeed, and that disputed matters of law and fact must be resolved by a full trial rather than by preliminary questions alone. This decision reaffirmed that strict observance of time-bound conditions in conditional transfers is required, emphasizing principles derived from Roman Dutch law and Secti