Carthelis v. Ranasinghe – sllr 2002 volume 2 page 359

In the case between Carthelis (plaintiff) and Ranasinghe (defendant), the court considered whether a deed of transfer signed by the defendant-appellant was procured through fraudulent means, specifically by obtaining signatures on blank sheets later constructed into a deed, and whether a constructive trust arose due to inadequate consideration under section 83 of the Trusts Ordinance. The proper evaluation of evidence, including irregularities in the notarial process as required by the Notaries Ordinance, constituted a central issue. The findings established that the deed’s validity was seriously compromised due to evidentiary inconsistencies and non-compliance by the notary, supporting the view that the defendant did not intend to relinquish beneficial ownership. The decision set aside th