A.M. A. Kalum Karunaratne Vs. Merennege Lisi alias Erine Salgado and others – SC APPEAL NO.83/2011-2011

In the case between the family and heirs of the late Benedict including Merennege Lisi alias Erine Salgado and members of the Mahatellage family (Plaintiffs) and A.M. A. Kalum Karunaratne (First Defendant), the court considered the validity of a prior judgment (Case No. 250/L) alleged to have been procured through fraud and collusion, as well as the legal consequences of failing to join the actual possessors of the property as parties to that action. The findings established that the ex parte judgment was obtained by fraudulent means, with evidence revealing deliberate attempts to exclude rightful possessors through quit notices and mediation proceedings. The holding determined that the fraudulent and collusive conduct rendered the prior judgment void and affirmed the Plaintiffs’ continued