Palate Gedera Gunadasa v. Palate Gedera Marywathy – CA WRIT 556/2010-2015

In the case between Palate Gedera Gunadasa (Plaintiff-Respondent-Appellant) and Palate Gedera Marywathy and D.M. Upali Ranasinghe (Defendant-Appellant-Respondents), the court addressed the validity of the re-registration of land in the name of D.M. Upali Ranasinghe following the death of the original permit-holder, Bebinona, under the Land Development Ordinance. The principal issue concerned whether a cancellation of nomination filed after the permit-holder’s death could have legal effect and whether the subsequent re-registration was thus valid. It was held that section 60 of the Land Development Ordinance requires registration of cancellation of nomination prior to the permit-holder’s death, and any such registration posthumously is ineffective unless compelling exceptions apply. The cou