Hettiarachchige Dominic Marx Perera Vs Kuruwita Arachchige Mulin Perera and others – CA 0713/2000F-2025

The case between Hettiarachchige Dominic Marx Perera and Kuruwita Arachchige Mulin Perera and Milroy Christy Kasichetty, the court addressed the issue of declaring a deed of transfer (No. 259) as a forgery and fraudulent. The court held that the appeal was allowed, the deed was declared a forgery, and the District Judge’s judgment was set aside, while affirming the 2nd defendant’s status as a bona fide purchaser, thereby precluding costs against the 2nd defendant. This decision relied on the principle that a criminal conviction for forgery significantly outweighs prior infirmities in civil evidence, emphasizing the protection afforded to bona fide purchasers.

R. Gurusinghe, J. – The Plaintiff-Appellant initiated an action to declare deed of transfer no. 259 as a forgery and fraudulent,