Warnakulasuriyage Charlert Kusumawathi Kulasuriya vs Don Wimal Harischandra Gunathilaka – SC APPEAL NO. 157/2011-2014

The case between Warnakulasuriyage Charlert Kusumawathi Kulasuriya and Don Wimal Harischandra Gunathilaka addressed a dispute arising from the conveyance of a block of land. The issue focused on whether Deed No. 7948, executed for Rs. 10,000, represented an absolute sale or was intended as security for a loan creating a constructive trust. It was determined that the deed constituted a genuine sale for valuable consideration. The determination relied on the analysis of oral evidence in light of Section 92 of the Evidence Ordinance and relevant Trusts Ordinance provisions, as well as considerations of property possession and market value. The decision reaffirmed the legal principle that a written conveyance, when clear and unambiguous, will prevail despite conflicting oral disclosures, and c