Wijesundera v. Neela Wickramasinghe – sllr 2002 volume 2 page 307

In the case between the plaintiff-respondent (alleging beneficial interest) and the defendant-appellant (asserting sole ownership), the court addressed the issue of whether a constructive trust was established under section 84 of the Trust Ordinance based on alleged contributions to the consideration for a mortgaged property. It was held that sufficient evidence proving payment of the loan instalments by the plaintiff-respondent was not established, and the absence of receipts in the plaintiff’s name undermined her claim. The principle reaffirmed that the burden of proof rests upon a party seeking to establish a constructive trust, emphasizing the need for clear evidence of contribution without intent to benefit the legal title holder. The decision relied on statutory interpretation of sec