Edinadurage David Silva vs. Edinadurage Adarahamy et al – CA DCF 0943/1997-2023

In the case between Edinadurage David Silva (Plaintiff-Respondent) and, among others, Edinadurage Adarahamy and Yasalal Kodituwakku (Defendant-Appellants), the court examined whether the benefit of prior registration under section 7 of the Registration of Documents Ordinance should be conferred upon the 10th Defendant’s registered deeds over the Plaintiff’s deeds in establishing title during partition proceedings. The court determined that prior registration granted priority to the earlier-registered mortgage bond, but did not entirely defeat the subsequently registered conveyance, which would take second priority. Emphasis was placed on the ‘same source’ principle in document registration, and consideration was given to the effect of unregistered and registered instruments. The appellate