Menikrama Mudalige Sriya Malani Piyadasa v. Kuda Banda Dunuwila – 763/99 F -2015

The case between Kuda Banda Dunuwila (Plaintiff-Respondent) and Menikrama Mudalige Sriya Malani Piyadasa (Defendant-Appellant) addressed whether Deed of Transfer No. 13221 constituted an outright sale or was executed as a security for a loan transaction, and whether the plaintiff was entitled to a re-transfer of the property upon payment of the loan sum with interest. It was held that the deed was intended as a security for a loan, not as an outright transfer, reaffirming the principle that oral evidence is admissible to establish the real nature of a transaction, even when a written deed exists, under certain circumstances. This decision relied on sections 9 and 92 of the Evidence Ordinance and relevant case law, emphasizing that the actual intention of parties may be uncovered through ev