Benrata Vidanalage Gunasena vs Bentara Vidanalage Nandasena – CA CASE NO. 303/2000-2016

The case between Benrata Vidanalage Gunasena (substituted by Hirimuthugodage Dhanawathie) and Bentara Vidanalage Nandasena alias Nandapema concerned the entitlement to a declaration of title over the property “Kadewatte” and its boutique. The principal issue addressed was whether deed No. 33504, dated 05.05.1986, transferring title from the defendant to the plaintiff, was duly executed or forged. It was held that the burden of proof required the plaintiff to establish due execution, while the defendant, having raised an allegation of forgery, was required to prove this plea on a balance of probabilities. The appellate court relied on statutory provisions including the Evidence Ordinance, Prevention of Frauds Ordinance, and Notaries Ordinance, as well as relevant case law. It was determined