Kodagodge Nihal Silva vs Chandralatha ] ayaweera – CA APPEAL NO.827/2000-2000
The case between Chandralatha Jayaweera (Plaintiff) and Agnas Silva (deceased, substituted by Kodagodage Nimal Siva and Kodagodage Nihal Silva) (Defendants) addressed the entitlement to a declaration of title and possession of the properties “Ponnamada Hena” and “Galpotha Hena.” It was determined that the Plaintiff’s title was validly established through a Deed of Gift, and the notary attesting the deed was authorized under the Notaries Ordinance to do so at the relevant location. The findings established that the donor, Jayasooriya, was of sound mind and competent at the time of execution, and that the Defendants’ possession was by leave and licence rather than adverse, negating any claim of prescriptive title. The Plaintiff’s claim was affirmed, and the appeal dismissed, reaffirming the
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