Tilakaratne v. Jayatilaka and Others – sllr 2003 volume 3 page 315

In the case between Chinnathambi (Plaintiffs-respondents) and Kanagasabai (Defendant-appellant), the court addressed the enforceability of an alleged oral agreement for the sale of immovable property and the corresponding legal consequences under the Trusts Ordinance and Prevention of Frauds Ordinance. It was held that although evidence established the existence of an oral agreement and transfer of possession, such agreement did not satisfy statutory requirements for creating a trust, as it was not in writing nor notarially executed. The decision reaffirmed the principle that an oral agreement alone is insufficient to create an enforceable trust or sustain an action for specific performance regarding immovable property, emphasizing the requirement for compliance with statutory formality. R