Dayawathie and Others v. Gunasekera and Another – sllr 1991 volume 1 page 115

In the case between the widow and children of the original building contractor (Plaintiff) and the 1st Defendant (mother) and 2nd Defendant (son and legal representative) regarding property transferred by deed, the court addressed the admissibility of oral or extrinsic evidence to establish a constructive trust under section 83 of the Trusts Ordinance, notwithstanding exclusions under section 92 of the Evidence Ordinance and the Prevention of Frauds Ordinance. It was determined that attendant circumstances—including an oral promise to re-transfer and continued occupation by the Plaintiff—could be considered to infer that beneficial interest in the property was not intended to be divested. The decision reaffirmed the principle that evidence of surrounding circumstances may be received to es