D.M.D. Ananda Jayaratne vs M.D.R.M. Perera – SC APPEAL 40/2016-2023

In the case between D.M.D. Ananda Jayaratne (Plaintiff) and M.D.R.M. Perera (Defendant), the court addressed the validity of Deed No. 2943, the existence of a trust in favor of the plaintiff, and whether alternative reliefs could be granted given conflicting pleadings. It was held that the deed’s validity was not undermined solely by alleged non-receipt of consideration, and no trust was established on the evidence. The reliefs sought by the plaintiff, including a declaration that the property was held in trust and that the deed was null due to laesio enormis, were found to be inconsistent and legally unsustainable under the circumstances. Previous judgments granting such reliefs were set aside, reaffirming that a failure of consideration does not in itself void a deed of transfer and part

REF: SC APPEAL 40/2016-2023 Category: Tag:
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