Shahla Cassim vs. Sri Lanka Savings Bank – SC C.H.C APPEAL NO. 69/2013-2023

In the case between Shahla Cassim (Plaintiff-Appellant) and Sri Lanka Savings Bank (Defendant-Respondent, successor to Pramuka Savings and Development Bank Ltd.), the court addressed the issue of whether the Plaintiff-Appellant had fulfilled contractual obligations under the Agreement of Sale (P1) by tendering the balance purchase price on or before the stipulated date. The court held that the Plaintiff-Appellant had failed to prove compliance with the contractual obligations—specifically, the timely tender of the balance purchase price and authenticity of the Deed of Transfer (P3)—thus constituting a breach of contract. As a result, the remedy of specific performance was denied, and the appeal was dismissed with costs against the Plaintiff-Appellant. The principle reaffirmed is that a fai