P. N. Wimalaratne vs. T. T. P. Anthony Fernando – SC APPEAL NO.244/2014-2022

In the case between the Plaintiff and the 1st and 2nd Defendants, the dispute focused on an agreement for the sale of immovable property. The main issue was whether the Plaintiff was entitled to specific performance, despite an anticipatory breach by the 1st Defendant, and whether the 2nd Defendant, who later acquired rights in the property, could be protected as a bona fide purchaser without notice of the Plaintiff’s prior agreement. It was established that the Plaintiff had demonstrated readiness and willingness to fulfill contractual obligations, including the tender of the balance consideration. The 1st Defendant’s refusal to execute the deed due to a disputed obligation to deliver vacant possession constituted a breach. Roman-Dutch principles and relevant statutory standards were appl