P H Ekanayaka vs K H Piyadasa – CA 1152/96-2011

In the case between P H Ekanayaka (Plaintiff-Respondent) and K H Piyadasa (Defendant-Appellant), the court examined whether a sum of Rs. 4000/- paid by cheque constituted payment for the purchase of timber or functioned merely as security. It was held that the amount represented payment for timber, reaffirming that factual findings by the trial judge based on credibility of evidence will not be disturbed absent signs of injustice or perversity. Relying on established principles regarding appellate review of factual findings, the judgment emphasized the significance of trial courts’ assessment of evidence and the limited scope for interference by appellate courts where no miscarriage of justice is demonstrated.

A W Abdus Salam J. — The action was brought to recover Rs. 4000/- on a cheque,