Horathal Pedige Jayathilake v. Horathal Pedige Jayarathne et al. – SC APPEAL 231/2014-2016

In the case between Horathal Pedige Jayathilake (Plaintiff-Appellant) and Horathal Pedige Jayarathne, Wijayalath Pedige Jayawathi Dayawathi, Horathal Pedige Upul Priyantha Deepthi, among others (Defendants), the court addressed the issue of whether deed of gift No.1735, purportedly executed by Horthal Pedige Amarasinghe, represented a genuine act or constituted a forgery. The court held that the deed was not validly executed, the evidence including the testimony of the attesting Notary Public did not satisfy statutory requirements, and the Plaintiff-Appellant’s appeal was dismissed with costs. The key legal principle reaffirmed is that proper attestation and strict compliance with statutory provisions are required to establish the validity of deeds, referencing the Notaries Ordinance and E