Panambarage Jude Fernando vs Hetti Thanthirige Anesta Malani Fernando – SC APPEAL NO.175/2010-2017

In the case between Panambarage Jude Fernando (Plaintiff-Appellant) and Hetti Thanthirige Anesta Malani Fernando, Jayakodige Jerrad Fernando, and associated parties (Defendants–Respondents), the court addressed the issue of whether Deed No.626 effectively transferred the beneficial interest in the subject property to the plaintiff-appellant. It was determined that the document did not confer full beneficial title, as subsequent evidence suggested a constructive trust arrangement rather than an outright transfer. This conclusion relied on provisions of the Trust Ordinance and the Prevention of Frauds Ordinance as well as established case precedents, emphasizing that the property remained subject to a constructive trust in favor of the defendants. The appeal was dismissed, and the decisions