Miriyagalla Kankanamalage Don Wimalasir vs Don Chandradasa Attanayake – CA NO.692/2000-2016

In the case between Miriyagalla Kankanamalage Don Wimalasiri Gunatileka (Plaintiff-Appellant) and Kabamullage Dona Piyawathi, Janaka Attanayake, and Lanka Sudesh Attanayake (Substituted-Defendant-Respondents), the court addressed whether the deed of transfer (No. 6005 dated 18.01.1984) was executed as a genuine transfer or merely a lease. The court held that the deed constituted a valid transfer, rejecting claims of “non est factum” and allegations of misapprehension or fraud. It was determined that the plaintiff failed to prove the deed was misunderstood, and the action was deemed barred by prescription, as the plaintiff did not act within the statutory limitation period. Claims based on inadequate consideration (“laesio enormis”) were also found unsubstantiated. The judgment reaffirmed t