S. A. Sandya Kasthurirathne vs M. A. Amalapala Munasinghe – CA NO. 138/1998-2012

Brief
The case between S. A. Sandya Kasthurirathne (Plaintiff) and M. A. Amalapala Munasinghe (Defendant) addressed whether the deed of transfer No. 9885 executed by the Plaintiff in favor of the Defendant should be cancelled on grounds of undue influence, as well as entitlement to declarations of title and the applicability of prescription under Section 10 of the Prescription Ordinance. It was determined that the Defendant, as the prospective spouse, exerted undue influence over the Plaintiff by making the transfer of property a precondition to marriage, with no actual consideration proved as paid for the transaction. The claim was not barred by prescription, as the cause of action arose only upon the breakdown of the marital relationship. The principles reaffirmed include the presumption