Kulatunga Mudalige Hemakanthi Vs. M. W. Somawathie Botheju – CA 890/1998-1998

The case between M. W. Somawathie Botheju (Plaintiff) and Kulatunga Mudalige Hemakanthi (Defendant) addressed whether the execution of transfer deeds arising from a purported money lending arrangement constituted a loan transaction subject to the principle of Laisio Enormis or an outright sale. The central legal issue involved the characterization of the transaction, the determination of the property’s true market value, and the legitimacy of the cancellation of deeds. It was held that the trial judge’s findings on the transaction’s nature and property valuation, supported by the valuation report and evidence of possession, should not be disturbed absent cogent reasons. The appeal by the Defendant-Appellant was dismissed, reaffirming that appellate intervention is not warranted where factu

REF: CA 890/1998-1998 Category: Tag:
Scroll to Top