Jayasooriya Kuranage Romold Dickson & Sumithra Perera vs. Jayasooriya Kuranage Padma Jenat, Jasintha Perera, Jayasooriya Kuranage Awanthi, Nisansala Madushani Perera, Thalahitigamage Dona Rupika & Priyadarshani – SC APPEAL 110/2018-2018

In the case between Jayasooriya Kuranage Romold Dickson and Sumithra Perera (Plaintiff-Respondents) and Jayasooriya Kuranage Padma Jenat, Jayasooriya Kuranage Awanthi, Nisansala Madushani Perera, Thalahitigamage Dona Rupika, and Priyadarshani (Defendant-Appellants/Respondents), the court addressed whether the transfer of property by deed constituted a genuine conveyance of beneficial ownership or created a constructive trust. The findings established that although nominal transfers by deed were executed, the beneficial interest and possession remained with the Plaintiff-Respondents, as consideration was not paid and no actual sale was completed. It was determined that section 83 of the Trusts Ordinance and relevant case law (including Muthalibu Vs Hameed and Ehiya Lebbe Vs A. Majeed) suppo