Kumarasinghe v. Dinadasa And Others – sllr 2007 volume 2 page 203

In the case between the Plaintiff/Appellant–Respondent, seeking a declaration of title and injunctive relief over land, and the Defendant/Appellant, asserting title through prior registration and later deeds, the core issue addressed was whether the benefit of prior registration under the Registration of Documents Ordinance could be set aside on grounds of fraud or collusion. It was held that the existence of fraud or collusion sufficient to defeat the effect of prior registration must be decided on the balance of probabilities based on the entirety of the evidence, and omissions or defects in registration alone do not automatically amount to fraud. The authority and standard governing proof for fraud in civil proceedings were reaffirmed, with reference to the Registration of Documents Ord