J.W. Gunasekera v. Ariyaratne Kandanhena – CA NO. 08/2014-2015

In the case between Ariyaratne Kandanhena (“Jaysuriyawatta” Willegoda, Eheliyagoda) as Plaintiff and J.M. Enterprises (Pvt) Ltd. and J.W. Gunasekera as Defendants, the court addressed whether a transfer of property was a genuine sale or a disguised mortgage created to secure a loan, and assessed the 3rd Defendant’s claim to be a bona fide purchaser. It was determined that the transfer deed was not a bona fide sale, that the 3rd Defendant could not claim protection as a bona fide purchaser, and that prior orders requiring the property’s re-conveyance to the Plaintiff were proper. The findings established that the 3rd Defendant’s revision application could not proceed given the absence of exceptional circumstances, the existence of a precedent due to denial of leave by the Supreme Court, and