Don Gunawardana Weththasinghe vs. A.D. Ariyawathi Mudalige et al. – SC APPEAL 139/2011-2011

In Don Gunawardana Weththasinghe (Plaintiff-Appellant) v. D. Ariyawathi Mudalige, M.D. Munidasa, and others (Defendants-Respondents), the court considered the validity of a conveyance where the vendor sought to transfer more than his established share of undivided land, specifically examining the effect of documents P7 (Agreement to Sell), P8 (Deed of Sale), and 3V1 (purported subsequent conveyance). It was held that only a 1/3 share could be lawfully transferred since the vendor had previously divested his rights through P8, rendering the subsequent transfer of an additional 15 perches invalid. The principle reaffirmed is that a party cannot transfer greater rights in property than possessed or subsequently retained after a valid conveyance. The decision relied upon property law principle