Vinitha Malkanthi Hulangamuwa v. Aluthge Dona Silawathi et al. – CA WRIT APPLICATION 239/2016-2016

In the case between Vinitha Malkanthi Hulangamuwa (Petitioner) and Aluthge Dona Silawathi, Yahampath Arachchige Dona Dharmawathi, and the Debt Conciliation Board (Respondents), the Court addressed the issue of whether the Petitioner was a bona fide purchaser or if the contested transaction was, in substance, a mortgage rather than an outright sale. It was held that the evidence, including multiple transactions involving the same amount within a short interval and the absence of the purported seller’s testimony, substantiated the Board’s determination that the transaction was intended as a mortgage. The principle reaffirmed in this decision is that findings of specialist tribunals, where based on thorough review of evidence, will not be disturbed without compelling grounds. The reasoning em