Jasin Pathiranalage Saiman Siknyo vs Jasin Pathiranalage Salaman Siknyo – CA NO.856/98 F -2013

In the case between Jasin Pathiranalage Saiman Siknyo (appellant) and Jasin Pathiranalage Salaman Siknyo (respondent), the court examined whether the District Judge erred in granting a half-share of land to the plaintiff under deed No. 8666 (P2) given the existence of a prior mortgage at the time of its execution. It was held that the District Judge did not properly consider the effect of the existing mortgage, which prevented the vendor from having clear title. The findings established that the plaintiff’s title was subject to the prior mortgage, and thus the judgment in the plaintiff’s favor was set aside. Emphasis was placed on the principle that valid title cannot be conferred by deed if, at the time of execution, a mortgage encumbers the property. The decision relied on the facts evid