Benthara Mapalagama Acharige Shahikala Lakmini Kumari vs Attanayakage Kanthi Violet Perera – SC APPEAL 49/2013-2024

In the matter between Olaboduwage Indralal Ranatunga (Plaintiff/Appellant) and Attanayakage Kanthi Violet Perera (Defendant/Respondent), the court addressed the validity and due execution of a Power of Attorney purportedly authorizing a transfer of immovable property (Lot No. 71). The central issue concerned whether the Power of Attorney (P2) was proven in accordance with the requirements set out in the Powers of Attorney Ordinance and the Evidence Ordinance. The holding established that the Plaintiff failed to establish the authenticity and due execution of the Power of Attorney, thereby invalidating the subsequent Deed of Transfer (P3). The court reaffirmed the principle that powers of attorney relating to immovable property must be strictly proved in terms of statutory and procedural de