Bernedette Valangenberg v. Hapuarachchige Anthony – sllr 1990 volume 1 page 190

In the case between Hapuarachchige Anthony (Plaintiff/Respondent) and Bernedette Valangenberg (Defendant/Appellant), the court addressed the issue of whether property purchased with the plaintiff’s earnings, but transferred by deed to the defendant, was held by the defendant on constructive trust for the plaintiff. It was held that, despite the terms of the deed (P3) appearing to vest absolute ownership in the defendant, the circumstances and evidence established that a constructive trust existed in favor of the plaintiff. The principle reaffirmed was that parole evidence may be admitted in circumstances of fraud or trust, and the doctrine of advancement does not apply to relationships between a man and his mistress under Sri Lankan law. The decision extensively relied on the Trusts Ordina