Law of Property – Cases

Law of Property – declaration & ejectment – burden of proof – validity of a Deed – fraudulent consideration – if the consideration mentioned in a deed of transfer is not paid to the seller, does the deed of transfer become invalid? – available remedies

Yasawathi Abeywickrama Weerasinghe v. Leif Heling & Others
SC Appeal 91/2013

Held –

(1)    that a deed of transfer executed without fraud by a Notary Public in accordance with the provisions of the Notaries Ordinance does not become invalid if the consideration stated in the deed of transfer is not paid to the seller.

(2)    that in such a situation, remedy of the seller of the property is to file a separate action for the recovery of the consideration.

(3)    that in an action for ejectment of the defendant from the property in dispute, once the plaintiff’s title to the property is proved, he (the plaintiff) is entitled to ask for ejectment of the defendant from the property even though there is no prayer in the plaint for a declaration of title.

Decided on 26.02.2020

 

 

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