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| Monday, 4 August 2003 |
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by Sarath Malalasekera The Colombo District Judge Ms. Malini Gunaratne has issued notice returnable on August 8, on International Distillers Lanka Limited and Commercial Bank of Ceylon Limited on an application by the Sri Lanka Cancer Society that a land and premises donated to the Society by philanthropist Don George Alfred Hettiarachchi, the deceased, of Queens Road, Colombo 3 in his last will allegedly had been fraudulently mortgaged. On an application supported by Harsha Soyza, Senior Counsel for the Lanka Cancer Society instructed by Messrs. Murugesu and Neelakandan the District Judge also issued an enjoining order preventing the defendants taking any steps in connection with the said property until the final determination of the application before court.According to the Affidavit submitted to court by former High Court Judge and President of the Sri Lanka Cancer Society A.L.M. Fernando that late Mr. Hettiarachchi in his last will had bequeathed his Queens Road property to the Cancer Society subject to the condition that his wife shall have life interest in the premises. However, after her death the income from the house and premises shall be solely for the benefit and the welfare of the Sri Lanka Cancer Society. The Affidavit further stated that the first defendant, Mrs. Malani Hettiarachchi had no manner of right of title to ownership of the property and she is entitled only to a life interest in the said property as provided in the last will No. 4700, and that accordingly the said 'Executor's Conveyance' no 771 is a fraudulent deed which passes no right of ownership in the said property to the Mrs. Hettiarachchi, and that it is fraudulently executed, and out to be set aside. The Sri Lanka Cancer Society filed action before Colombo District Court alleging that the transfer of ownership of the property by Mrs. Hetiarachchi to the International Distillers Limited was by fraudulent deed and the subesquent mortgage obtained from the Commercial Bank for a sum of Rs. 31 million was wrongful and unlawful. The Lanka Cancer Society pleads Court that to issue a permanent injunction preventing the sale, transfer or mortgage of the property and direct Mrs. Hettiarachchi to execute within two months a conveyance transferring the land to the Lanka Cancer Society with life interest for herself. |
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