Grigoris vs Tillekeratne – clr volume 2 page 191_1

In the case between Grigorios (plaintiff) and Tillekeratne (defendant), the court addressed whether money paid in advance under an informal verbal agreement for leasing land could be recovered when the contract was void for lack of a notarial instrument as required by Ordinance No. 7 of 1840. It was determined that the plaintiff was entitled to recover the sum paid (Rs. 52), but without interest, due to his failure to perform contractual obligations punctually. The ruling reaffirmed the principle that money paid under a contract void for want of formality may nonetheless be recovered, relying on the precedent of C. R. Panwilla No. 3,713, Gren. (1873–74), and emphasizing the right to restitution in such contexts.

Withers J. — The findings established that the sum of Rs. 52 was recoverable