Ran Banda and Another V Piyadasa and Others – sllr 2004 volume 2 page 141

In the case between Ran Banda and Another (plaintiffs) and Piyadasa and Others (defendants), the court addressed whether the deed marked P1, executed as a gift by E.M. Punchi Banda, effectively contained an express renunciation of the donor’s right to revoke, as mandated by section 5(1)(d) of the Kandyan Law Declaration and Amendment Ordinance, No. 39 of 1938. It was concluded that the operative words of the deed satisfied the statutory requirement for renunciation, and the notary’s explanation played a crucial evidentiary role. Reliance was placed on the precedent P.B. Ratnayake v M.S.B.J. Bandara, emphasizing the deed’s validity and the enforceability of its terms. The appeal was dismissed and the original ruling in favor of the plaintiffs was upheld, reaffirming the principle that stric