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Dispute over billion rupee Colombo 7 property
An elderly couple has sought the intervention of courts after they found that a tenant who leased out part of their premises allegedly tried to evict them from their ancestral home and property in Colombo 7 valued over a billion rupees.
Wimalsen Fernando: Nearly evicted from his own home
Eighty-six year-old Wimalsen Fernando and his wife Shiranie Fernando were first alerted by a relative who had seen a posting on the Facebook account of the tenant who, allegedly, is supposed to have purchased the property and house located on Gregory’s Road, Colombo. Pictures of him putting up the new name board were posted too.
A relative who checked with the Land Registry, found that another deed had been registered under the name of the tenant Prasad Deshapriya Vitharana of Kalubowila, and he alerted Mr Fernando and his wife.
Mr Fernando told the Sunday Times that he was shocked after he heard that his house had been reportedly ‘sold’ by him to the tenant who had leased out a section of his house just last year.
He said the family had owned the land for more than 150 years and that he had lived there since birth.
Mr. Fernando who has a Degree in Economics and Law from the University of Cambridge, was employed in the private sector and has written on Psychology.
According to a petition filed by the tenant, Mr. Vithara, in the Colombo District Court, he had entered into two lease agreements with Ms Fernando on October 25, 2017, to lease the ground floor apartment on the right side of the main house and the upstair apartment on the right side of the main house, for one year.
Another lease agreement was executed on February 15, 2018, leasing the ground floor apartment on the right side of the main house, for one year.
However, Mr and Ms Fernando were made aware only on August 3 that Mr Vitharana had allegedly executed a Deed of Transfer (DOT) and a Vacant Possession Agreement (VPA) in respect of the property at Gregory’s Road.
The Colombo 7 property (above and top)
According to the alleged DOT, the property had been sold for Rs 358.7 million, but Mr and Ms Fernando said the value of the property is around Rs 1.5 billion.
A complaint has also been lodged with the Criminal Investigations Department about the fraudulent DOT and the VPA.
On August 6, a group of security personnel reportedly hired by Mr Vitharana had entered the disputed property and locked all gates and prevented any persons visiting the premises, while the security hired by Mr and Ms Fernando were not allowed into the premises.
The Petitioners had consulted their lawyers and thereafter, one of the attorneys had visited the location. However, Minister John Amaratunga, who was occupying a room of the apartment leased by Mr Vitharana, had attempted to prevent the lawyer entering the premises. A complaint had been lodged with the Cinnamon Gardens police over the incident.
Mr Vitharana, contacted by the Sunday Times, said he did not wish to make a comment about that matter, and that he was in possession of the required documents.
Minister Amaratunga vehemently denied the charges made by the lawyer, insisting he was not ‘occupying’ any room and had only visited the location on the invitation of Mr Vitharana, who is an old friend. He said Mr Vitharana had told him of a serious problem, where some people were attempting to forcibly occupy his property. He said he was talking with Mr Vitharana in the room when two people barged in, with one claiming to be a lawyer and saying he wanted to talk about the property. “I told them to leave as they were trespassing. That is all,” Mr Amaratunga insisted.
Mr and Ms Fernando had sought an order from the Colombo District Court, declaring them to be the lawful owners of the property and also to declare the DOT and VPA of Mr Vitharana as forged, and issue a permanent injunction restraining him from illegally dispossessing the Plaintiffs and disturbing the peaceful possession of the Plaintiffs among others.
After considering the appeal of the Plaintiffs on Thursday, Colombo Additional District Judge Jayaki de Alwis issued an interim injunction valid for 14 days on the 1st defendant (Mr Vitharana) and 2nd defendant (Notary Public Lal J. Thabrew who attested the DOT) .Notices were also issued to submit objections, if any, over the interim injunction.
Upul Jayasuriya PC with Attorney’s-at-Law Sandamal Rajapaksha, Kalana Jayasuriya and Sampath Wijewardena appeared for Mr and Ms Fernando.
| Police protection ordered for plaintiffs Colombo Additional District Judge Jayaki de Alwis also took into consideration the statement made by the 1st and 2nd Plaintiffs regarding their age and other circumstances, and ordered the Deputy Inspector General (DIG) of Police, Colombo Range, to take action according to the Assistance to and Protection of Victims of Crime and Witnesses Act, regarding the Plaintiffs. A senior Police officer at the Cinnamon Gardens police on Friday said they were awaiting the court order while their own investigations into the complaints made by the two parties were underway. | |