Katumatiyawe Muhamdiramalage Jayawardena vs Katumatiyawe Muhandiramge Gathila Jayawrdenana – CA 268/2000F-2011

In the case between Katumatiyawe Muhamdiramalage Jayawardena (Plaintiff-Appellant) and Katumatiyawe Muhandiramge Gathila Jayawardena (Defendant-Respondent), the court addressed the issue of whether the plaintiff was governed by Kandyan law, a determination that would enable revocation of a deed of gift made to the defendant. It was held that the plaintiff failed to provide sufficient and reliable proof to establish that Kandyan law applied to him. The principle reaffirmed was that the burden of proving the applicability of a personal law rests upon the party seeking relief under that law. This decision relied on the provisions of the Kandyan Succession Ordinance No. 23 of 1917 and established legal standards for evidentiary sufficiency in applying personal laws. The case underscores the ne

REF: CA 268/2000F-2011 Category: Tag:
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