Balasubramaniam and Another v. Krishnapillai and Another – sllr 2012 volume 1 page 261

In the case between Balasubramaniam and Another (Appellants) and Krishnapillai and Another (Respondents), the court addressed whether the property in question was intended to be held in trust under Section 83 of the Trusts Ordinance or if the transfer constituted an outright sale. Upon review of extensive documentary and oral evidence, the court held that the evidence did not establish an intention for the Appellants to retain the beneficial interest, rejecting the notion that the transactions merely created a security for a loan. The Supreme Court set aside the prior judgments of the District Court and the Court of Appeal, directing that judgment be entered in favor of the Appellants for relief including peaceful and vacant possession of the land. The decision reaffirmed that attendant ci