B. G. Robison Gunawardena vs Sampath Bank Limited – C.A 14311998 (F)-2012

The case between B. G. Robison Gunawardena (Plaintiff/Appellant) and Sampath Bank Limited, T. A. de Soysa, and S. D. A. Gunawardene (Defendants/Respondents) addressed whether the Plaintiff-Appellant was entitled to a declaration of title to an undivided 2/3rd share of land based on a deed (P4) with alleged due and prior registration, taking precedence over a previously registered mortgage bond in favor of the 1st Defendant Bank. It was determined that the deed (P4) was fraudulently executed in collusion between the Plaintiff and the 3rd Defendant, thereby disqualifying the Plaintiff from the statutory benefits of prior registration. The principle reaffirmed is that statutory priority in registration cannot be claimed on the basis of fraud or collusion, as outlined in the Registration of Do