Fernando vs Fonseka – clr volume 1 page 082_1

In the case between the minor plaintiff, who received land via a deed of gift from his father, and the defendants claiming under an earlier deed of lease, the court addressed whether a deed of gift, lacking valuable consideration but registered under Section 39 of Ordinance No. 8 of 1863, could obtain priority over a prior registered lease. It was held that notice to the donor does not constitute notice to the minor donee, and that registration of the deed of gift does not override the earlier registered lease in the absence of valuable consideration. The principle was reaffirmed that the protection conferred by Section 39 hinges on the presence of valuable consideration, and lack thereof is a fatal defect. The decision drew on the interpretation of registration laws and the effect of noti