Devayalage Upaneris, Ariydasa, Herathhamy vs Devayalage Piyasena, Wimalasuriya, Puransina – CA APPEAL NO: 136/96-2011

In the matter between Devayalage Upaneris, Devayalage Ariydasa, and Devayalage Herathhamy (Plaintiff-Appellants) and Devayalage Piyasena, Devayalage Wimalasuriya, and others (Defendant-Respondents), the court addressed the entitlement of the plaintiffs as legal heirs of Sutan to a share of the disputed land, the authenticity and proof of deed No. 1952 allegedly executed by Sutan, and the validity of transfer to the defendants. It was held that the deed in question was properly attested and proved, and the gift under the deed was valid due to sufficient evidence of acceptance by the donees. The principle reaffirmed is that one attesting witness is adequate for proof of a deed under the Evidence Ordinance, and that acceptance of a gift can be demonstrated by circumstantial evidence, such as