Leif Heling and Kristine Heling vs Yasawathi Abeywickrama Weerasinghe and Kumarapperuma Arachchige Carolis Gunapala – SC APPEAL 91/2013-2020

Brief
In the case between multiple Plaintiff-Respondents (representing ownership interests in the disputed property) and Defendant-Appellants (primarily the 1st and 2nd Defendants, contesting the property transfer), the issue addressed was whether a deed of transfer (Deed No.3128, marked P1) remains valid in the absence of full payment of consideration, and the consequent remedies available to the seller. It was held that the non-payment of the full consideration does not invalidate a notarial conveyance if no fraud is attributed, and that the proper remedy for any unpaid balance is a separate recovery action, not rescission or invalidation of the deed. The principle was reaffirmed that title passes upon execution of a valid deed unless fraud or deceit is established. The Prescription Ordi