Kapila Warnasooriya vs Dayawathi Sellahewa – SC APPEAL NO. 93A/2011-2014

In the case between Kapila Warnasooriya (Plaintiff-Respondent) and Dayawathi Sellahewa (Defendant-Appellant), the court addressed the issue of whether a conditional deed of transfer, executed in anticipation of payment of the balance purchase price, was effective in transferring title when full payment was not made. It was held that the deed, having been signed and delivered under escrow conditions without the fulfillment of the payment obligation, did not convey title and was invalid. The principle reaffirmed is that a deed executed under express conditions requiring full payment does not operate to transfer title until such conditions are met. The decision relied on established authorities including Appuhamy v. Appuhamy, Gunatillake v. Fernando, and Baiya v. Karunasekera, emphasizing the