R.M. Siriwardena vs Rathnayake Mudiyanselage Jayathilaka – CA 541/1998 F -2019

In the case between R.M. Siriwardena and Rathnayake Mudiyanselage Jayathilaka, the issue concerned whether Deed No. 9116 constituted a deed of transfer for valuable consideration (a sale) or a deed of gift revocable under Kandyan Law. It was determined that the deed was a transfer for monetary consideration, and the subsequent renunciation of the sum as a “donation” did not affect its legal character as a sale. The decision reaffirmed established principles regarding the interpretation of deeds, the prohibition of adduced parol evidence under section 92 of the Evidence Ordinance, and the precedence of document language over notarial attestation or post-execution conduct. Reliance was placed on Kandyan Law, relevant statutes, and case law, reinforcing that the substance and operative langua