Anthony Kanicius Malcolm Perera vs. Warushahennedige Nimalasiri Fernando and Wagoda Pathirage Premaratne – SC APPEAL NO. 16/2009-2015

In the case between D.H.K. Yasawathie (substituted Plaintiff on behalf of Anthony Kanicius Malcolm Perera) and Warushahennedige Nimalasiri Fernando (1st Defendant) and Wagoda Pathirage Premaratne (Added 2nd Defendant/Appellant), the court addressed the enforceability of a sales agreement (P2) and the effect of Section 93 of the Trust Ordinance regarding subsequent purchasers with notice. It was determined that the agreement to sell had been validly executed, proper tender of money was established, and the 1st Defendant’s failure to perform constituted a breach. The relief of specific performance was upheld, with particular emphasis placed on the statutory trust imposed on any subsequent purchaser having notice of the pre-existing agreement. The appeal was dismissed, reaffirming that a purc