Mohottalage Wijeratne v. Mohottalage Punchi Banda and Kariyapperuma Athukoralalage Tilakaratne – CA 695/92F-2014

In the case between Mohottalage Wijeratne (plaintiff) and Kariyapperuma Athukoralalage Tilakaratne (2nd Defendant-Appellant), the court addressed the validity of a claimed entitlement to shares in the land known as Kapukotuwe Hena arising from a partition action. It was held that the 2nd Defendant-Appellant did not possess a valid title to the property via deed No. 2133 (2V2) nor any prescriptive rights, reaffirming the principle that a transferor cannot convey title that has already vested in another through a final court decree. This decision relied on the clear chain of title established by prior judicial decrees and relevant precedent, emphasizing that documentary evidence and prior unchallenged decrees preclude subsequent claims based on invalid instruments or prescription.

Deepali W