PEIRIS AND ANOTHER
vs
SIRIPALA

COURT OF APPEAL
RANJITH SILVA. J
SALAM. J
CA49/2001(F)
DC HOMAGAMA 1798/CD
FEBRUARY 2, 2009
MAY 6, 21, 2009

Declaration - Deed void -fraudulent - Civil Procedure Code Section 35(1) -Joining of causes of action without leave of Court-Fraud alleged-Corroboration necessary?-Burden of proving fraud-Beyond reasonable doubt or balance of probability? Non est factum?

The plaintiff-respondent instituted action seeking a declaration that the deed of transfer 4881 - be declared void on the basis that the defendant-appellants have unlawfully and fraudulently manipulated the transfer of the entire land to the Is1 appellant. The trial Judge held in favour of the plaintiff-respondent.

It was contended by the defendant-appellant that the cause of action to have the impugned deed declared null and void cannot be joined with a cause of action for a declaration of title to the immovable property without leave of Court first had and obtained.

Held:

(1) The plaintiff respondent in the issues raised had confined himself to have the impugned deed set aside and had not proceeded to raise an issue with regard to declaratio