D. S. Kumarasinghe vs Konara Mudiyanselage Piyadasa – SC/APPEAL/66/2022-2025

In the case between Konara Mudiyanselage Piyadasa (plaintiff-appellant-respondent) and D. S. Kumarasinghe (deceased) together with Liliyan Kumarasinghe, Lakmal Samantha Kumarasinghe, and Ajith Nilanjan Kumarasinghe (defendant-respondent-appellants), the court addressed the issue of whether legal title to land passes to the plaintiff upon execution of the deed, despite the presence of a condition within the deed and the lack of physical delivery of possession. It was held that the language in Deed P1 did not render the transfer conditional, but rather reaffirmed the vendor’s duty to warrant and defend title under common law. The proposition that physical delivery of possession is not necessary for the valid transfer of title was upheld, relying on relevant statutory authorities and preceden