Jayawardena vs Menike – SC APPEAL NO. 32/2009-2010

In the case between D.G. Subadra Menike and H.D.S. Jayawardena, the court addressed the issue of whether Sumanalatha Kodikara and Malcolm Jayatassa Kodikara were the original co-owners of the property in question, and whether the principle of prior registration under Section 7 of the Registration of Documents Ordinance applied to an undivided share. It was held that while a registered deed prevails against an unregistered instrument, the priority of registration only applies to the share originally owned by the transferor, which in this instance constituted a half-share due to co-ownership. The principle reaffirmed was that registration under the Ordinance does not extend title beyond the actual share held by the grantor. Reliance was placed on statutory provisions of the Registration of D