D.G. Subadra Menike Vs. H.D.S. Jayawardena – SC APPEAL NO. 33/2009-2009

In the case between D.G. Subadra Menike (Plaintiff-Appellant) and H.D.S. Jayawardena (Defendant-Respondent), the court addressed the issue of whether prior registration under Section 7 of the Registration of Documents Ordinance confers priority on a deed with respect to an undivided share in property, and whether Sumanalatha Kodikara and Malcolm Jayatissa Kodikara were original co-owners of the disputed land. It was determined that the original co-ownership was established in favor of the Kodikaras, and that the principle of prior registration applies equally to undivided interests. The registered deed held by the respondent was found to prevail over the appellant’s unregistered deed for a half share of the property. The appellate decision was thus affirmed, and the appeal dismissed withou