Gunaratna v. Nandawathie – sllr 2003 volume 3 page 096

In the dispute between the plaintiff-respondent and the defendant-appellant regarding the transfer of land, the court addressed whether the deed constituted an outright conveyance or created a constructive trust under the Trust Ordinance. The determination centered on the commencement of the prescriptive period under the Prescription Ordinance and compliance with procedural requirements under the Civil Procedure Code. It was found that the constructive trust was established, with prescription commencing only upon the defendant-appellant’s failure to reconvey the land as promised, and the action was instituted within the prescribed period. The appeal against the District Court’s decision was dismissed, reaffirming that the trust relationship and statutory requirements under the Trust Ordina