Wicrama Pathiranage Mahesh Ruwan Pathirana v. Ginthota Sarukkale Vitharanage Hemalatha Piyathilake – SC APPEAL. NO: 218/2014-2017

In the case between Ginthota Sarukkale Vitharanage Hemalatha Piyathilake (Plaintiff-Respondent) and Wicrama Pathiranage Mahesh Ruwan Pathirana (Defendant-Appellant), the court examined the interpretation of an Agreement to Sell (P1) that provided for both specific performance and damages in the event of breach. The sequence of events included the execution of an agreement, payment via cheque which was not encashed, allegations of non-performance, and an appeal from a High Court judgment that had overturned a District Court dismissal. The key issue was whether a breaching party could mandate damages in lieu of specific performance against the wishes of the aggrieved party. It was determined that, based on the contractual terms and cited precedents, a non-defaulting party retains the right t