Padmal Ariyasiri Mendis vs Vijith Abraham de Silva – SC APPEAL NO. 44/2012-2015

In the case between Padmal Ariyasiri Mendis (Plaintiff-Respondent) and Vijith Abraham de Silva (Defendant-Appellant/Petitioner-Appellant), the Supreme Court examined the scope of authority granted by a power of attorney, specifically whether the wife, acting under the power of attorney, was empowered to execute a deed of gift for the disputed property. The court determined that the wording of the power of attorney must be strictly construed, and absent explicit authority to “gift,” such action was unauthorized. The deed of gift (Deed No. 1551) and the subsequent deed of sale (Deed No. 976) were deemed void ab initio, on the basis of the grantor’s intent and legal doctrine, including the applicability of res judicata from prior district court proceedings. The appeal was dismissed with costs