Dankoluwa Hewa Bulath Kandage Dona Subashini Ruchira Manjari v. Dangolla Appuhamilage Wimalawathie – SC APPEAL 167/10-2017

In the case between Dankoluwa Hewa Bulath Kandage Dona Subashini Ruchira Manjari (Plaintiff/Respondent) and Dangolla Appuhamilage Wimalawathie (Defendant/Appellant), the court addressed whether Deed No. 5880 constituted an actual transfer of property or was a conditional instrument executed as security for a loan. It was determined that the deed did not represent a bona fide conveyance but functioned as collateral for a loan at high interest. The findings established that oral and documentary evidence outside the deed were admissible to ascertain the genuine intention of the parties, as supported by Sections 91 and 92 of the Evidence Ordinance and established precedents such as Wickremaratne Vs Thavendrarajah and Penderlan Vs Penderlan. As a result, the court set aside Deed No. 5880 and he