Karunawathie v. Robo Singho – sllr 1983 volume 2 page 407

In KARUNAWATHIE v. ROBO SINGHO, the court addressed whether the transfer of six allotments of land, executed via deed P3 for nominal consideration and accompanied by an alleged oral promise to reconvey upon repayment, created a trust under Section 83 of the Trusts Ordinance or constituted an unenforceable contract under the Prevention of Frauds Ordinance and the Evidence Ordinance. It was held that the oral arrangement, despite the inadequacy of consideration and the Plaintiff-Respondent’s continued possession, failed to establish the requisite evidentiary basis for a trust. Instead, the transaction amounted to a contract unenforceable due to statutory prohibition, reaffirming the principle that trusts concerning immovable property cannot be founded on parol agreements which contravene sta

REF: sllr 1983 volume 2 page 407 Category: Tag:
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