Nanayakkara v. Jayasooriya and Another – sllr 1989 volume 1 page 366

In NANAYAKKARA v. JAYASOORIYA AND ANOTHER, the court addressed the validity of a land transfer under deed “P6” between the plaintiff (Nanayakkara) and the 1st defendant (Jayasooriya) in light of Section 162(1) of the Land Development Ordinance. It was held that the absence of a special reference to the Government Agent’s written consent in the attestation clause rendered the deed null and void, and no legal title passed to the defendant. The court reaffirmed the principle that strict statutory compliance is essential for the validity of transfers under the Land Development Ordinance. The decision relied on Sections 162(1) and 162(2) of the Ordinance and evaluated the doctrines of jus retentionis alongside legal maxims pertinent to property transfer. It was emphasized that, despite financia