Obawath Kankanamage Jinadasa vs Malwa Waduge Bandusoma – SC APPEAL 208/2017-2020

Brief
In the case between Obawath Kankanamage Jinadasa and Malwa Waduge Bandusoma, the court addressed the validity of a Lease Agreement (No.2396 dated 28.10.1992) and a Deed of Gift (No.123 dated 2.12.1998) concerning disputed property title. It was held that the lease agreement was not validly executed or proved, as the person executing it possessed only a life interest at the relevant time and the attestation did not meet statutory requirements under Section 68 of the Evidence Ordinance. Conversely, the deed of gift was found properly executed and sufficiently proved, effecting a full transfer of title to the donee. The decision reaffirmed the principle that valid title can only be conveyed if statutory formalities and evidentiary requirements are strictly complied with. Relying on prop