Kodithuwakku Arachchige Dayawathie and Kodithuwakku Arachchige Dayarathne vs Pattiayage Iranganie Sirisena – SC APPEAL 178/2011-2014

In the case between Pattiayage Iranganie Sirisena (plaintiff/respondent) and Kodithuwakku Arachchige Dayawathie and Kodithuwakku Arachchige Dayarathne (defendants/appellants), the court addressed whether evidence could be admitted to contest the contents of a notarially executed deed, alleging fraud, duress, or intimidation, and the sufficiency of evidence required to prove such claims. The court held that the burden rested on the appellants to establish duress in the execution of the deed. It was determined, based on the evidence, including the testimony of the attesting Notary, that the deed had been executed voluntarily, and the subsequent challenge by the defendants failed for lack of credible proof of duress or coercion. The judgment reaffirmed that oral evidence cannot be used to con