Kotagama Mudiyanselage Gunawathi and another vs K.P.S. Laroshani Perera and others – CA Writ 144/23-2025

In the matter of the Petitioners and the 1st to 6th Respondents (Registrar of Lands) and the 7th Respondent, the court addressed the issue of the Registrar’s power to refuse registration of a Deed of Gift (P9) based on a prior Deed of Declaration (P11). It was held that the Registrar acted ultra vires by refusing registration, reaffirming the principle that the Registrar lacks statutory authority to adjudicate title disputes or refuse registration due to competing instruments. This decision relied on Section 36 of the Registration of Documents Ordinance, emphasizing the limited scope of the Registrar’s administrative functions and the availability of prerogative writs even when alternative remedies exist, particularly in cases of patent illegality.

K. Priyantha Fernando, J.(CA) – The Pe