Godamune Kusumawathie vs M Chandrasiri Perera – 61/97F-2011

In the case between Godamune Kusumawathie (Plaintiff-Appellant) and M Chandrasiri Perera, M Shanthi P Perera, M Dharmasiri Perera, and M Gamini Perera (Defendants-Respondents), the court addressed the issue of whether the plaintiff had valid title to the property and whether deed No. 27444 (D1), executed in favour of the defendants’ father, had been duly proved. It was held that the plaintiff’s action was correctly dismissed, as the authenticity and execution of D1 were established by the testimony of subscribing witnesses, and no fraud was pleaded. The principle reaffirmed is that a party’s title must be supported by evidence unless validly impeached for reasons such as fraud, which was not alleged here. This decision relied on the evidentiary requirements for proof of deeds in property d