IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA Supreme Court Appeal No. 114/2018 Amarasinghe Arachchige Sumith Amarasinghe, Supreme Court Leave to Appeal No. No. 42, Ruhunupura, SC/HCCA/LA 374/16 Thalawathugoda.

WP/HCCA/COL Appeal No. 177/2011(F)

PETITIONER D.C. Colombo Case No.37367/T - VS -

Amarasinghe Arachchige Nalini, No.225/47, Siridhamma Mawatha, Colombo 10.

RESPONDENT AND Amarasinghe Arachchige Nalini No. 225/47, Siridhamma Mawatha, Colombo 10.

RESPONDENT - APPELLANT - VS -

Amarasinghe Arachchige Sumith Amarasinghe, No. 42, Ruhunupura, Thalawathugoda.

PETITIONER – RESPONDENT AND NOW BETWEEN Amarasinghe Arachchige Sumith Amarasinghe No. 42, Ruhunupura, Thalawathugoda.

PETITIONER – RESPONDENT -

APPELLANT -VS-

Amarasinghe Arachchige Nalini No.225/47, Siridhamma Mawatha, Colombo 10.

RESPONDENT – APPELLANT –

RESPONDENT Before : E.A.G.R. Amarasekara, J.

Kumudini Wickremasinghe, J.

Achala Wengappuli, J.

Counsel : S.N. Vijithsingh with B.C. Balasuriya for the Petitioner-Respondent-

Appellant.

Anuruddha Dharmaratne for the Respondent – Appellant – Respondent.

Argued on : 11.01.2022 Delivered on : 23.05.2025 E A G R Amarasekara, J.

This is an appeal by the Petitioner-Respondent-Appellant (hereinafter referred to as the “Appellant” and /or “Propounder of the Last Will”) against the Judgement of the Civil Appellate High Court holden in Colombo dated 29.06.2016, whereby the Civil Appellate High Court allowed the appeal of the Respondent – Appellant – Respondent (hereinafter referred to as the “Respondent”) and set aside the Judgement of the District Court of Colombo in case No.

37367/T dated 26.09.2011.

The said Testamentary action bearing No. 37367 was filed in the District Court of Colombo by the Appellant on 28.01.2007, to prove the Last Will alleged to have been left behind by his mother L. D. Premawathie (hereinafter referred to as the “Testatrix”) who died on 16.12.2006. Death Certificate of the said Testatrix and the said Last Will No.171 were marked along with the Petition dated 25.01.2007 as ‘Pe 1’ and ‘Pe 2’ respectively. It appears that this petition was amended by the Petition dated 13.02.2007. It was averred that the Appellant was the sole beneficiary as well as the executor named in the said Last Will. The Respondent was made a party to the said action as she was the only other surviving child of the deceased Testatrix. Thus, the Respondent was the only other heir in case if there was no Last Will, as the Husband of the Testatrix and the Other Daughter predeceased the Testatrix without any other issues. It was further revealed that there was another testamentary action filed for the estate of the mother of the deceased Testatrix where the deceased Testatrix was the applicant.

¥ Thus, the Appellant had inter alia prayed for the following;

o That the Probate be granted with a copy of the Last Will attached;

o That a limited probate be granted enabling her to take necessary steps in the Testamentary Case No. 25123/T.

In response, the Respondent in her Statement of Objections dated 23.07.2007 inter alia averred the following:

¥ The Testatrix is the mother of the Respondent and the only intestate heirs of the Testatrix are the Respondent and the Appellant.

¥ The said Last Will and Testament is not lawful due to the following reasons:

a. The signature appearing in the said Last Will is not the signature and/or act and/or deed of the Testatrix.

b. The said Last Will is not the intent or desire of the Testatrix.

c. The said Last Will is not in conformity with Section 2 of the Prevention of Frauds Ordinance and provisions of the Notaries Ordinance.

Thus, she prayed for the dismissal of the Appellant’s application and to grant her the letters of administration for the intestate estate of the deceased mother.

At the inquiry, both parties admitted that L.D Premawathie, the Testatrix, died on 16.12.2006 and her heirs are the Appellant and the Respondent.

The Appellant led the evidence of N. A. Gunadasa and M. S. Abeykumara Perera, who were