D.N. Abeywardene and Bank of Ceylon and others – CALA 424/2004-2004

In the case between D.N. Abeywardene (Plaintiff-Petitioner) and Bank of Ceylon, among other defendants, the court addressed the issue of whether the plaintiff’s previously assured life interest in certain property was preserved following the issuance of an absolute Grant to the 3rd defendant-respondent, and whether an interim injunction should restrain dealings with the property in disregard of that interest. It was determined that the transfer conferred absolute ownership on the 3rd defendant, effectively extinguishing the plaintiff’s life interest. The principle that assurances of life interest must be explicitly reserved in a Grant was reaffirmed. Reference was made to the Crown Lands Ordinance and relevant documentation. The court emphasized that, absent clear terms incorporating the l