Hemawathie Sahabandu v. Gunasekera – sllr 2006 volume 2 page 208

In Hemawathie Sahabandu and/or Sumithra Rani Gunasekara vs. Gunasekera, the court examined whether a declaration of title and ejectment could be granted to the plaintiff-respondent in the face of the defendant-appellant’s defences of constructive trust and prescriptive title. The sequence of events involved initial success for the plaintiff at trial, with the defendant asserting a trust arising from joint contributions and a claim of adverse possession. Upon review, it was held that neither defence was substantiated — the evidence did not establish the shared intention or division of consideration required for a constructive trust, nor did the facts demonstrate adverse possession sufficient to defeat the respondent’s title, as conduct such as payment of rates and ownership duties indicate