Abesirinarayana Lokuruge Wijedasa v. Katuwana Gammacharige Weeraratne – CA NO.921/97 F -2017

In the case between Katuwana Gammacharige Weeraratne (Plaintiff-Respondent) and Abesirinarayana Lokuruge Wijedasa (1st Defendant-Appellant), the court addressed the issue of whether a Deed of Transfer (P2) executed by the 1st Defendant was valid, given allegations of the 1st Defendant’s mental illness at the time of execution, and whether objections to the proper proof of the deed could be raised at this stage. It was held that, absent formal adjudication of insanity, a transfer remains valid if not conclusively shown to have been made by a person of unsound mind and further, that objections to the deed’s proof cannot be entertained when not raised at the time of trial. The legal reasoning reaffirmed the principle that transactions by persons alleged to be of unsound mind may be recognized