R.M. Kamal Kumara Gokarella vs R.M. Bhadra Kumari Gokarella – SC Appeal 0027/2020-2025

This case involves an appeal concerning the validity of two deeds (No. 14370 and 14371) executed by the deceased father of the Plaintiff-Appellant and Defendant-Respondent, shortly before his death. The Plaintiff-Appellant sought to declare these deeds null and void, alleging fraud and the executant’s mental and physical incapacity. The District Court and Civil Appellate High Court dismissed the Plaintiff’s action, finding the deeds valid and the action prescribed. The Supreme Court, while agreeing with the lower courts on the validity of the deeds due to the Plaintiff’s failure to prove fraud and incapacity to a higher standard of proof, varied the finding on prescription, holding that the action was not prescribed. The case was remitted to the High Court of Civil Appeal for further actio