8.

AGREEMENT TO SEL
Code No.10087
Joseph Beneraj Ragul
Attorney-at-Law & Notary Public,
No. 16A 1/1, Pereira Lane,
Colombo 06.
0777191803
raguljb@gmail.com

Notary No : 105461
Notary Code : Code No.10087
2nd Copy : Colombo
G.N. Division : Polpithigama
D.S. Division : Kolonnawa
Local Authority : Kurunegala
District : Kurunegala
Province : North Western
Land Registry : Kurunegala
Value : Rs.1,500,000

Prior Registration: Vide Schedule

AGREEMENT TO SELL
No.08
THIS AGREEMENT TO SELL made and entered into at Colombo on this 5th day of
September Two Thousand Twenty Three (2023).

BETWEEN

GEMINI GANESH of No. 111, Old Road, Batticaloa (Holder of National Identity
Card bearing No: 947382942V) in the Democratic Socialist Republic of Sri Lanka
(hereinafter sometimes called and referred to as “the OWNER” which term or expression
as herein used shall where the context so requires or admits mean and include the said
GEMINI GANESH and his heirs executors and administrators) of the ONE PART

AND

SAROJA DEVI of No.20, Temple Street, Eravur (Holder of National Identity Card
bearing No. 808864798V) in the said Republic of Sri Lanka (hereinafter sometimes called
and referred to as “the PURCHASER” which term or expression as herein used shall
where the context so requires or admits mean and include the said SAROJA DEVI his
heirs executors, administrators and assigns) of the OTHER PART

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 WITNESSETH
WHEREAS the owner is under and by virtue of deed of Transfer bearing No. 5267
dated 20th June 2000 attested by S.W.P.M.G.B. Senanayake, Notary Public of Kurunegala
and Deed of Gift bearing No. 1935 dated 22nd November 2008 attested by Aruni Sanders,
Notary Public of Colombo and he is seized and possessed of or otherwise well and
sufficiently entitled to the property in the Schedule hereto fully described respectively.

AND WHEREAS the Owner has agreed to transfer and the Purchaser has agreed
to purchase the land and property called WALAWUWATTA also known as
WALAWUWATTA ESTATE Lot 2 depicted in Plan No.97 /LRC/CO/820/KU/1 dated
12thAugust, 1975 made by W.C.S.M. Abeysekara, Licensed Surveyor and Lot 2 depicted
in Plan No. 5904 dated 10th March, 1988 made by S.T. Gunasekara, Licensed Surveyor
morefully described in the Schedule hereto, on the terms and conditions hereinafter set
out at or for the price or sum of RUPEES FIFTEEN MILLION (Rs. 15,000,000/=) of lawful
money of Sri Lanka free of all encumbrances and other charges.

NOW THIS AGREEMENT WITNESSETH and it is hereby agreed by and between

the Owner and the Purchaser as follows:-

1. The Owner shall sell and the Purchase shall purchase the property called
WALAWUWATTA also known as WALAWUWATTA ESTATE Lot 2 depicted in Plan
No.97/LRC/CO/820/KU/1dated 12thAugust, 1975 made by W.C.S.M. Abeysekara,
Licensed Surveyor and Lot 2 depicted in Plan No. 5904 dated 10th March, 1988 made
by S.T. Gunasekara, Licensed Surveyor, except one acre divided portion thereon as
described below together with the right of ways easements servitudes and
appurtenances thereto belonging free of all encumbrances and other charges at or for
the price or sum of RUPEES FIFTEEN MILLION (Rs.15, 000,000/=) of lawful money
of Sri Lanka.

2. The Purchaser agreed to pay a sum of RUPEES FIVE HUNDRED THOUSAND (Rs.
500,000/-) of lawful money of Sri Lanka to the Owner as advance payment at the
executants of this agreement.

3. The Purchaser agreed to pay the balance purchase price of RUPEES FOURTEEN
MILLION AND FIVE HUNDRED THOUSAND (Rs. 14,500,000/=) of lawful money of
Sri Lanka to the Owner on or before 05th day of September 2023.

4. Prior to the executants of the deed of transfer the Owner will gift divided One Acre (A-
1-R-0-P-0) portion from the said property called WALAWUWATTA also known as
WALAWUWATTA ESTATE to the watchman.

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5. The Owner agreed to hand over complete vacant and quit possession of the land in
the Schedule, hereto fully described, complying to the condition mention in the
paragraph 4 above, to the Purchaser at the executants of the deed of transfer.

6. The Owner undertake to warrant and defend the title to the land in the Schedule
hereto fully described and convey the same free of all encumbrances and other
charges and if there are any legal issues pertaining to the land, purchaser will not
purchase the land in the Schedule hereto fully described and the owner will undertake
to refund the advance money of Rupees Five Hundred Thousand (Rs.500, 000/=) to
the purchaser.

7. The Owner agreed to empower the purchaser to lodge a caveat in the name of the
purchaser for six months in connection with the land described in the Schedule hereto
and if the purchaser does not fulfill the agreement within the period, the purchaser
agrees to revoke the caveat as soon as possible.

8. The Owner states that they have not been assessed and have not received any notice
of Assessment in respect of the Capital Levy Act No. 51 of 1971 and its amendments
and that no sum of money whatsoever is due by them thereunder.

9. The Owner covenants that the land in the Schedule hereto fully described are not
affected by the Ceiling on Housing Property Law No. 1 of 1973 and the amendments
thereof and that he does not have any excess houses.

10. The Owner covenants that the land in the Schedule hereto fully described or any part
or portion thereof have not vested in and that the title thereto is not affected in any
manner by the provision of the Urban Development Authority Law No. 41 of 1978.
The National Housing Development Authority Law No. 17 of 1979 of any other statute
Law in force in the Republic of Sri Lanka and that no proceedings have been taken or
commenced under the provisions of any written Law in force in the said Republic of
Sri Lanka for vesting acquisition or requisition of the land in the Schedule hereto fully
described or any part or portion thereof.

11. The purchase shall be completed whenever the Purchase calls upon the Owner to
execute a conveyance in his favour or in favour of his nominee or nominees and the
Owners executing a valid and effectual Deed of Transfer in favour of the Purchaser
and his aforewritten or his nominee or nominees of the land in the Schedule hereto
fully described together with all the rights ways easements servitudes and
appurtenances free of all encumbrances and other charges.

12. If the Owner shall willfully or otherwise refuse to execute the Deed of Transfer in
favour of the Purchaser or his nominee, the Purchaser shall be entitled to enforce
specific performance of this agreement in addition to the payment by the Owner to

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 the Purchaser of a further sum of Rupees Ten Thousand (Rs. 10, 000/-) as liquidated
damages and not as a penalty.

13. The Purchaser shall bear and pay all stamp duties costs and expenses of and incidental
to the preparation execution and registration of the Transfer to his of the land in the
Schedule hereto fully described.

14. All notices to be given in respect of this agreement shall be sufficiently given by
sending the same by post under registered cover addressed to the Owner and to the
Purchaser at their respective addresses as hereinbefore mentioned.

15. Both parties hereto bind themselves and their heirs, executors and administrators for
the due performance of the obligations contained in this agreement.

IN WITNESS WHEREOF the said Parties doth their signatures and place their
thumb of left hand impressions hereunto and two others of the same tenor and dates as
these presents set their hands at Colombo on this Fifth (5th) day of September Year Two
Thousand and Twenty Three (2023).

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 THE SCHEDULE ABOVE REFERRED TO:-
1. ALL that divided and defined allotment of land marked as Lot 2 depicted in Plan
No.97/LRC/CO/820/KU/1 dated 12thAugust, 1975 made by W.C.S.M. Abeysekara,
Licensed Surveyor under the directions and authority of the Land Reform Commission
of the land called WALAWUWATTA also known as WALAWUWATTA ESTATE situated
in the village of Mirihanpitigama in the Divigandahe Korale of Hiriyala Hat - Pattu in the
Divisional Revenue Officers Division of Polpitigama in the District of Kurunegala North
Western Province and which said Lot 2 is bounded on the NORTH by Villege boundry
of Galtenwewa, on the EAST by Wewaihalahena , Chena land belonging to the State , on
the SOUTH by land belonging to S.J. Kadirgamar according to the Statutory
Determination made and publish in the Gazette by the Land Reform Commission being
lot 80 in F.V.P. Plan No. 1951 , and on the WEST by Wewaihalamukalana and Chena land
belonging to State and containing in extent TWO ACRES THREE ROODS AND EIGHT
PERCHES (A-2-R-3-P8) together with the building, plantations and everything
standing thereon and registered under title B 424/275 at the Kurunegala District Land
Registry.
2. ALL that divided and defined allotment of land marked as Lot 2 depicted in Plan No.
5904 dated 10th March, 1988 made by S.T. Gunasekara, Licensed Surveyor (being a
subdivision of the land morefully described in Plan No. 1951 dated 7th June, 1979
authenticated by Surveyor General) of the land called WALAWUWATTA also known as
WALAWUWATTA ESTATE situated in the village of Mirihanpitigama in the
Divigandahe Korale of Hiriyala Hat - Pattu in the Divisional Revenue Officer’s Division
of Polpitigama in the District of Kurunegala, North Western Province and which said Lot
2 is bounded on the NORTH by Lot 1 of the said Plan No. 5904, Lots 1 and 81 of F.V.P.
Plan No. 1951 and Kadadekawewa Village boundry , on the EAST by Lots 12A,8,9 and
12B in the said Plan No. 1951, on the SOUTH by Lots 15 and 12 in the said Plan No. 1951,
and on the WEST by Village boundry limit of Kadadekawewa and containing in extent
SEVENTEEN ACRES THIRTY TWO PERCHES (A-17-R-0-P32) together with the
building, plantations and everything standing thereon AS PER THE SAID Plan No. 5904
and registered in B 623/253 at the Kurunegala District Land Registry.

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 OWNER
(Signature and left thumb impression of
GEMINI GANESH)

PURCHASER
(Signature and left thumb impression of
SAROJA DEVI)
W I T N E S S E S :
And we do hereby declare that
we are well acquainted with
the said Executants above
named and know their proper
name, occupation and
residence.

01.
(Signature of Ananth Keerthi)

02.
(Signature of Suthakar Suman)

NOTARY PUBLIC

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 ATTESTATION
I, JOSEPH BENERAJ RAGUL Notary Public of No. 16A 1/1, Pereira Lane, Colombo 06 in
the Judicial zone of Colombo do hereby certify and attest that the foregoing instrument
having been read over and explained by me, the said Notary, to the executants within
named the Owner-GEMINI GANESH (Holder of National Identity Card bearing
No.947382942) and the Purchaser-SAROJA DEVI (Holder of National Identity Card
bearing No.808864798V) who signed this deed “illegibly” and “illegibly” and affixed their
thumbs of left hands impressions in the presence of Ananth Keerthi (Holder of National
Identity Card bearing No.86234456V) of No. 45, Vihara Mawatha, Kolonnawa and
Suthakar Suman (holder of National Identity Card bearing No.89344567V) of No.789,
Meeraniya Street, Colombo 12, subscribing witnesses hereto, and who signed “illegibly”
and “illegibly” respectively and the same was signed by the said Executants, the said
Witnesses and also by me the said Notary in my presence and in the presence of one
another, all being present at the same time at Colombo on this 5th day of September Two
Thousand and Twenty Three (2023).
And I certify that the said Owner GEMINI GANESH and firstly named witness Ananth
Keerthi are known to me and the said Purchaser and secondly named witness are not
known to me and I have checked their identity by the inspection of their National Identity
Card and prior to the execution of the foregoing instrument, I have inspected the identity
card of the executants.
And I further certify that the within mentioned consideration of a sum of Rs. 500,000/-
was paid in my presence by the Purchaser to the Owner prior to the execution hereof).
AND I further certify and attest that the stamp duty to the value of No stamp and the
Original of this instrument bears an adhesive stamp of the value of Rs. 1/=.
And I also certify that I have renewed my License for the year 2023.

WHICH I ATTEST

Date of Attestation
5th September 2023.

NOTARY PUBLIC