Thisa Nona and Three Others v. Premadasa – sllr 1997 volume 1 page 169

In the case between Adikari Appuhamilage Premadasa (plaintiff-respondent) and Balasooriya Kankanamalage Thisa Nona (1st defendant-appellant) and others, the court addressed the issue of whether the execution of document P16 created a constructive trust under Section 83 of the Trusts Ordinance. It was determined that the transaction embodied by P16 reflected the characteristics of a loan secured by property, rather than constituting an outright transfer. The findings established that the earlier deeds (P13, P14, P15, and P16), together with evidence such as payment of notary and stamp fees by the appellant and continued possession of the property, indicated no intention to dispose of the beneficial interest. The holding reaffirmed the principle that nominal conveyances executed for securing

REF: sllr 1997 volume 1 page 169 Category: Tag:
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