IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal to the Supreme Court under the Constitution of the Democratic Socialist Republic of Sri Lanka Magret Karunasinghe, No. 16/1, Amunuwatta, Henamulla, Kurunegala.

Plaintiff SC Appeal 135/2016 Vs, SCHCCALA/34/2016 Jayalathge Srimathi Mangalika Jayasinghe, Provincial High Court of Amunuwatta, Henamulla, Kurunegala.

Civil Appeal Case No. 08/2011 (F)

DC-Kurunegala Case No. 6249/L Defendant And Magret Karunasinghe, (Deceased)

R.P. Wijeratne, No. 16/1, Amunuwatta, Henamulla, Kurunegala.

Substituted Plaintiff-Appellant Vs, Jayalathge Srimathi Mangalika Jayasinghe, Amunuwatta, Henamulla, Kurunegala.

Defendant -Respondent And now between Jayalathge Srimathi Mangalika Jayasinghe, (Deceased)

1. Sunil Jayantha Amarasinghe 2. Iresha Nayomi Amarasinghe Amunuwatta, Henamulla, Kurunegala.

Substituted Defendant –Respondent-Petitioner Vs, R.P. Wijeratne, No. 16/1, Amunuwatta, Henamulla, Kurunegala.

Substituted Plaintiff-Appellant-Respondent Before: Justice Vijith K. Malalgoda, PC Justice K.K. Wickremasinghe, Justice Janak De. Silva, Counsel: Lakshman Perera. PC with Lakmali Fernando for the Defendant-Respondent-Petitioner K.G. Jinasena with Chathubha Abeywickrama for the Substituted Plaintiff-Appellant-

Respondent.

Argued on: 11.05.2023 Decided on: 12.03.2024 Vijith K. Malalgoda PC J The instant appeal was instituted by the Original Defendant (hereinafter sometimes referred to as the “Defendant-Appellant” or “Appellant”) against the Judgment dated 07^th January 2016, delivered by the High Court of Civil Appeal of the North Western Province holden at Kurunegala.

The initial action which is the basis for the instant appeal was filed by the Original Plaintiff (hereinafter sometimes referred to as the “Plaintiff-Respondent” or “Respondent”) against the Defendant- Appellant in the District Court of Kurunegala praying for a declaration of title to the property described in the plaint and to declare that the Deed No 5414 dated 13^th March 2000 and the Deed No 7568 dated 10^th April 2003, both of which are attested by Edmond Kularatne, Notary Public are null and void.

In the said plaint, the Plaintiff-Respondent pleaded inter alia that she became entitled to the land described in the schedule to the plaint by final decree entered in DC Kurunegala case No 1931/P and continued to possess the same. However, while the said case was pending, the Plaintiff-Respondent obtained a loan of Rs. 15,000 from the Original Defendant at a rate of 1.5% interest per month. Thereafter subject matter to this action was transferred by the Original Plaintiff to the Original Defendant by Deed of Transfer No 989 dated 14^th April 1992 as a security to the said loan transaction. After Original Plaintiff became entitled to the said land by the said final decree, she had communicated to the Original Defendant that she was ready to settle the said loan of Rs, 15,000 along with the interest accrued upon on the said loan.

Thereafter by Deed No 5413 dated 13^th March 2000 attested by Edmond Kularatne, Notary Public, the Original Defendant transferred the aforesaid subject matter back to the Original Plaintiff after receiving the money thereon. The Original Plaintiff had contended that at the time of executing the said Deed and completing the said loan transaction, the Original Defendant had obtained the signature of the Original Plaintiff on some blank papers. After some time, the Original Defendant came to the Original Plaintiff’s house and informed that she had the title to the subject matter and requested the Original Plaintiff to hand over the vacant possession to the Original Defendant. The Original Plaintiff contends that only after searching the registers at Kurunegala land registry that she come to know that the Deed of Transfer No 5414 dated 13^th March 2000 attested by Edmond Kularatne, Notary Public had been executed. The said Deed was concerning a loan obtained by the Original Plaintiff to a valu