Susangatha De Fonseka vs Pussewalage Ashokalatha – SC APPEAL NO. 107/2015-2023

Brief
In the case between Susangatha De Fonseka (Plaintiff–Appellant) and Pussewalage Ashokalatha (Defendant–Respondent), the court addressed the validity of the Plaintiff’s title to 25 acres of Manomani Estate acquired via Deed No. 2085, in light of an earlier mortgage and a decree entered in a hypothecary action. It was held that the title transferred by deed remained subject to the prior mortgage and decree, despite the operation of the Land Reform Law, statutory vesting, and subsequent inter-family transfer orders. The principle reaffirmed is that statutory vesting under the Land Reform Law does not extinguish earlier encumbrances if those encumbrances are revived by subsequent lawful orders. Reliance was placed on an analysis of the Land Reform Law, particularly Sections 2, 3, 6, 14,