Liyana Athukoralalage Indrawathie vs. Galolu Kankanamalage Dharmasena and Gunarathna Arachchilage Don Linton Gunarathna – SC APPEAL NO. 190/2016-2023

In the case between Liyana Athukoralalage Indrawathie (Appellant) and Galolu Kankanamalage Dharmasena with Gunarathna Arachchilage Don Linton Gunarathena (Respondents), the court addressed the issue of whether a constructive trust could be established over the land known as Millagahawatta in the absence of an express retransfer provision in the deeds. It was held that while the lack of such an express clause does not by itself preclude the existence of a constructive trust, a trust would only arise if attendant circumstances unequivocally establish that the beneficial interest was not intended to be parted with. Reliance was placed on distinctions between Section 5(1) (express trusts) and Section 83 (constructive trusts) of the Trusts Ordinance, as well as the evidentiary analysis of surro