FRANCIS SAMARAWICKREMA VS HILDA JAYASINGHE AND ANOTHER – sllr 2009 volume 1 page 293

In the case between Francis Samarawickrema (Appellant) and Hilda Jayasinghe and others (Respondents), the court addressed the validity of two property deeds, specifically considering whether they were duly executed or fraudulently procured. The primary holding determined that the appellant had satisfied the legal burden of proving the due execution of the deeds in question, thereby rejecting claims of fraud. The decision reaffirmed the principle that, in civil proceedings involving allegations of fraud affecting title to property, the burden of proof rests with the party asserting fraud and that this standard remains balanced and consistent with established legal requirements. The court’s reasoning relied on the proper application of Section 33 of the Evidence Ordinance regarding the admis