D.G. Subadra Menike vs H.D.S. Jayawardena – SC APPEAL NO. 33/2009-2010

In the case between D.G. Subadra Menike (Plaintiff-Appellant) and H.D.S. Jayawardena (Defendant-Respondent), the Supreme Court considered whether co-ownership existed between the original owners, Sumanalatha Kodikara and Malcolm Jayatissa Kodikara, and whether section 7 of the Registration of Documents Ordinance conferred priority to a registered deed, even where it concerns an undivided share of property. It was held that the original parties were co-owners, and that an instrument registered in accordance with the Ordinance must be given precedence over unregistered or subsequent instruments, regardless of whether it relates to an undivided share. The appellate decision was thus affirmed, establishing that registered deeds for undivided property shares hold priority and resolve competing