Chandralatha Perera and Others vs. Chandrawathie – sllr 2019 volume 1 page 358

In the case between Chandralatha Perera and Others (representing the estate of Edwin Wickramaarachchi, deceased) and Chandrawathie (and others), the court addressed whether a constructive trust could be enforced under Sections 83 and 84 of the Trusts Ordinance in the absence of legal title at the time of transfer, and whether beneficial interest arose based on who paid the purchase consideration. It was held that the plaintiff did not possess legal title or pay the consideration, as documentary evidence attributed the payments to Jamis Appuhamy on behalf of the defendant’s family. The operation of estoppel by conduct, specifically the plaintiff’s acquiescence in the partitioning of the land, was found to bar the claim to a beneficial interest. The decision reaffirmed that the creation of a