Haththotuwa vs. Fernando – SC APPEAL 66/2011-2021

In the case between Irene Leticia Haththotuwa, Gamage Don Mayurasinghe Haththotuwa (among others) and Warnakulasuriya Wargakkarige Lalitha Fernando (among others), the court addressed the issue of ownership priority over Lot 3 in Plan No. 170, focusing on whether the defendant’s deed (P4) was duly registered in accordance with the Registration of Documents Ordinance. The court held that proper registration of the defendant’s deed, with required cross-references between folios under section 14(1) and relevant provisos, gave the defendant priority of title. It was affirmed that, under the new folio system, compliance with statutory cross-referencing and folio creation maintains the priority of subsequent interests if all registration requirements are satisfied. This decision relied on the Re