Attorney with 37 years’ experience disbarred for fraudulent land deal

28 July 2025 08:21 pm Views - {{hitsCtrl.values.hits}} 17 Bookmark

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Colombo, July 28 (Daily Mirror) - The Supreme Court has found an attorney with over 37 years of legal practice guilty of deceit and struck him off the roll of Attorneys-at-Law for misconduct and malpractice. He was also permanently barred from engaging in notarial practice.

The allegation against the respondent, Attorney-at-Law Dhammika Ambewela, was that, after promising to sell a portion of land to the complainant, Madarasinghage Chandradasa of Katuwana, he instead sold the same plot to a third party through a deed he had prepared himself.

A three-judge bench of the Supreme Court, comprising Justices S. Thurairaja, Menaka Wijesundera, and Sampath Wijeratne, ordered the respondent to pay Rs.66,000 to the complainant, along with legal interest from March 7, 2003, within three months from the date of the judgement.

The Rule, consisting of several charges, was issued by the Supreme Court Registrar. The respondent pleaded not guilty to the charges.

It was alleged that without executing the agreement to sell the said land in terms of the law, the respondent had fraudulently obtained money from the complainant, who bona fide believed that he had entered into a valid agreement to sell. The respondent had agreed to sell the said plot to the complainant for Rs.62,500, and the complainant had paid the amount as consideration in several instalments to the respondent, believing the respondent to be the owner of said property.

However, the respondent has failed to execute the said agreement to sell in terms of the provisions of the Notaries Ordinance.

“I take the view that the Respondent has committed deceit and malpractice, thereby conducting himself in a manner deplorable and absolutely unworthy of an Attorney-at-Law,” Justice Thurairaja observed.

It was alleged that the respondent had committed malpractice within the ambit of section 42 (2) of the Judicature Act No 2 of 1978, which renders, unfit to remain as Attorney at Law and committed breach of rules 60 and 61 of the Supreme Court (Conduct of and Etiquette for Attorneys-at-Law).

Sandun Senadhipathi with Nuwan Godage instructed by Danuka Lakmal appeared for the Respondent. Chathura Galhena for the Bar Association of Sri Lanka. Suharshie Herath Jayaweera, DSG appeared for the Attorney-General.