A.M. Koralage Gedara Wijerathne vs Pingemage Don Premaseeli Jayalath – CA APPLICATION NO.758/97/F-2015

In the case between A.M. Koralage Gedara Wijerathne (Plaintiff-Respondent) and Pingemage Don Premaseeli Jayalath (Defendant-Appellant), the court addressed whether valid title to the land “Malwattahena” was obtained by the Defendant-Appellant via deed no. 4705 dated 12/05/1944, executed by Herath Banda prior to his acquisition of the Crown Grant in 1945, and whether the principle of “exceptio rei venditae et traditae” or adverse possession could confer title on the Defendant-Appellant. It was held that a transfer of immovable property executed prior to receipt of legal title from the Crown is invalid, as legal title cannot be transferred by one who does not possess it at the time of transfer, reaffirming the principle that subsequent acquisition of title by a vendor does not retroactively