KUGABALAN

 Vs.

RANAWEERA

SUPREME COURT
DE ABREW, J.
THURAIRAJA, J.
AMARASEKARA, J.
SC/APPEAL/36/2014
SC/HC/CA/LA/232/2012
CP/HCCA/KAN/136/2010 (FA)
DC NUWARA ELIYA 1279/L
SEPTEMBER 21, 2020

Declaration of title-Denial of execution of the title deed by the executant- Proof of the deed-Evidence Ordinance, section 68-"Subject to proof' objection-Waiver of objection

The title deed of the plaintiff purportedly executed by the defendant was marked subject to proof. The plaintiff called only the notary as a witness to prove the deed. The notary did not know the executant of the deed, nor did he state in the attestation clause that the attesting witnesses knew the executant personally. However, at the close of the plaintiff's case, the

defendant did not inform the court that the deed marked "subject to proof had not been proved, The District Court held with the plaintiff. On appeal the High Court reversed it. The plaintiff appealed to the Supreme Court.

Held:

Where a deed executed before a notary is sought to be proved, the notary can be regarded as an attesting witness within the meaning of section 68 of the Evidence Ordinance provided only that the