M. I. Sheela Fonseka v. M. Chitra Mallika Silva – CA 87/1998-1998

The case between M. I. Sheela Fonseka (nee Silva), M. Manel Silva (Plaintiffs/Respondents), and T. M. Sudanga Pasindu Silva (Substituted Defendant-Appellant) addressed the validity of Deed No. 1387 by which the Plaintiffs’ and Defendant’s mother, Mildred de Silva, purportedly gifted property to the Plaintiffs. It was determined that no sufficient evidence existed to invalidate the deed on grounds of alleged improper execution or the donor’s mental incapacity. The appeal also contended that the substituted Defendant-Appellant was denied a fair trial due to the manner in which issues were framed at trial. The holding reaffirmed the principle that the validity of a notarial deed is presumed unless clear and convincing evidence proves incapacity or improper execution, and that appellate interv