Jayalathge Srimathi Mangalika Jayasinghe vs R.P. Wijeratne – SC APPEAL 135/2016-2024

In the case between Magret Karunasinghe (later substituted by R.P. Wijeratne) and Jayalathge Srimathi Mangalika Jayasinghe (with subsequent substitutions), the court addressed the validity of Deed No. 5414 and allegations of fraud relating to the transfer of property title. It was held that the burden of proving fraud rests on the party making such an allegation, and in this instance, sufficient evidence had not been provided to invalidate the deed. The principle reaffirmed is that findings of fact by a trial court, having the benefit of observing witness demeanor, should be given primacy unless shown to be plainly wrong. Reliance was placed on Sections 101 and 102 of the Evidence Ordinance, and established case law regarding the allocation of the burden of proof and judicial deference to