Ranasinghe Arachchige Kanthilatha Bodhipala vs Kalukapuge Ariyasena alias Ariyaratna Perera – C A 325/2000-2013

The case between Ranasinghe Arachchige Kanthilatha Bodhipala and Kalukapuge Ariyasena alias Ariyaratna Perera addressed the issue of the validity and execution of deed of revocation of agreement to sell No. 225 dated 12.02.1993, particularly whether the said deed was null and void or properly executed. It was held that the burden of proving due execution of a deed lies on the party alleging its validity when forgery is pleaded, reaffirming the principle that the existence of a legally significant fact must be established by the party asserting it. This decision relied upon Section 101 of the Evidence Ordinance, emphasizing that, in cases of disputed execution, the party relying on the document must adduce sufficient evidence of its valid execution.

Upaly Abeyrathne J. — It was determined