Mallika Fernando v. Nagesh Fernando – sllr 2001 volume 2 page 403

The case between Mallika Fernando and Nagesh Fernando addressed the validity of Deed No. 854, a deed of gift executed under the Apartment Ownership Law. The court held that non-registration of a condominium property does not invalidate the deed, clarifying that registration under the Apartment Ownership Law is discretionary and the absence of registration, though potentially constituting an offence, does not by itself affect legal rights transferred by deed. It was established that the intertwined issues of law and fact regarding the deed’s validity should be determined after trial and not resolved solely as a preliminary legal question. The decision reaffirmed that evidentiary proceedings are necessary when such legal and factual issues coexist, referencing the procedural standards under