Rev. Bengamuwe Dhammadinna Thero vs. Pallage Karunaratna Perera & D. P. Kariyawasam – SC APPEAL NO. 15/2012-2017

In the case between Rev. Bengamuwe Dhammadinna Thero of Purana Rajamaha Viharaya, Pelmadulla (Plaintiff/Respondent-Appellant) and Pallage Karunaratna Perera (1st Defendant-Appellant-Respondent) alongside D. P. Kariyawasam (2nd Defendant-Respondent), the court addressed the issue of whether a deed of gift (deed P2, No. 1341) created a valid fideicommissum as per the expressed intention in the document, and the legal effect following the abolition of fideicommissa by Statute, specifically the Entails Act No.20 of 1972. The court held that the intention to create a fideicommissum was sufficiently manifested in the deed, but the subsequent abolition statute rendered it ineffective, thereby vesting an absolute title in the donee. Further, the court found that the Defendant failed to rebut the d