N.G. Kusumawathie vs Pahala Muthuranwelli Gedara Rathnasiri Muthuranwela – CA 1222/96 F -2013

In the case between Pahala Muthuranwelli Gedara Rathnasiri Muthuranwela and others (Plaintiffs-Respondents) and N.G. Kusumawathie (Defendant-Appellant), the issue concerned the ownership of property transferred by deed No. 309 (P1). It was determined that the deed constituted an outright transfer and not merely a security for a debt, based on evaluation of the evidence and confirmation of full payment of the sum stated in the deed. The principle reaffirmed is that when a deed, duly executed and attested, reflects the full payment and absence of specific legal defenses such as constructive trust or lesio enomis, the presumption of a valid transfer stands. Reliance was placed on the notarial deed and the absence of contradictory evidence from the Appellant, underscoring the importance of evi