DHANAWATHIE VS. NANDASENA AT PRESENT KNOWN AS BENTARA NANDA THERO

DHANAWATHIE
VS.
NANDASENA AT PRESENT KNOWN AS BENTARA NANDA THERO

COURT OF APPEAL
A.H.M.D. NAWAZ, J
CA. 303/2000 F
DC BALAPITIYA 1933/L
MARCH 26, 2014

NOVEMBER 13, 2014
SEPTEMBER 16, 2015
NOVEMBER 11, 2015
JUNE 24, 2016

Due execution of a Deed - Fraudulent/forged deed-What is due execution -Who bears the burden of proof - Evidence Ordinance Sections 67, 68, 101, 103 - Prevention of Frauds Ordinance Section 2 Who is an attesting witness? - Notaries Ordinance Section 31 - Civil Procedure Code Section 114(1), 154(3) - Forbidden by law? Document admitted - Later made subject to proof - Permissibility?

The original Plaintiff Appellant instituted action seeking a declaration of title and eviction relying on a Deed of Transfer 33504. The Defendant contented that the said Deed of Transfer was a fraudulent document and called in question the due execution of the Deed. The trial Court held with the Defendant.

On Appeal;

Held:

(1) Due execution means (a) that the formalities of the law which are mandated for the execution of a document have been complied with -Section 2, 3 of the Prevention of Frauds

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