Premawathi v. Gnanawathi – sllr 1994 volume 2 page 171

In the case between Premawathi (plaintiff) and Gnanawathi (defendant), the court addressed whether a non-notarial undertaking to reconvey land upon receipt of Rs. 6000 within six months could establish a constructive trust under Section 83 of the Trusts Ordinance. The plaintiff, having transferred land to the defendant by deed P1, sought recovery of possession and damages, relying on an informal agreement for retransfer. The deed, while constituting an outright transfer, was accompanied by an unenforceable oral undertaking, which the Prevention of Frauds Ordinance rendered void. However, evidence established that the stipulated sum was tendered by the defendant within the specified time, despite the plaintiff’s hospitalization. It was held that such circumstances indicated the transferor n