CYRIL FERNANDO

VS.

ELIYATAMBI AND OTHERS

SUPREME COURT
MALALGODA, J.
THURAIRAJA, J.
AMARASEKARA, J.
SC/APPEAL/120/2014
WP/HCCP/MT/22/02/F
DC MT LAVINIA 347/94/L
SEPTEMBER 4, 2019

Declaration of title and ejectment -Power of Attorney-Emancipation from minority-Unassisted contracts involving a minor-Subsequent ratification-Laesio enormis

When the plaintiff was a minor and resident in the United Kingdom, his father, the 2nd defendant, was appointed his power of attorney holder. The plaintiff became the owner of the land in suit after the execution of the said power of attorney. The 2nd defendant transferred the land to the 1st defendant by a deed of transfer. The 1st defendant transferred it to the 3rd defendant and the latter to the 4th defendant.

The plaintiff filed this action in the District Court seeking a declaration of title to the land in suit, ejectment of the 1st-4th defendants there from and damages, mainly on the basis that at the time of the execution of the power of attorney he was a minor and the 2nd defendant transferred the land without his knowledge and therefore all three deeds are void.

The 1st, 3rd and 4th defendants in their answe