Hettiarachchige Dominic Marx Perera vs. Kuruwita Arachchige Mulin Perera et al. – SC APPEAL 02/2021-2023

In the case between Hettiarachchige Dominic Marx Perera (Plaintiff/Appellant) and Kuruwita Arachchige Mulin Perera (deceased), Milroy Christy Kasichetty, and the National Savings Bank (Defendants/Respondents), the core issues addressed were the validity of deed No. 259 of 26th May 1992, claims of fraud and forgery, and the legal consequences of transfer and mortgage of land. The proceedings considered whether fresh evidence, namely criminal conviction records, could be admitted on appeal under Section 773 of the Civil Procedure Code and interpreted Section 41A(2) of the Evidence Ordinance. It was determined that the criteria for admission of such evidence were satisfied, particularly given the existence of an unappealed forgery conviction. The findings affirmed that the death of the 1st De