Algama Appuhamylage Don Wasantha Lankanayake v. Algama Appuhamylage Don Ananda Algama – SC APPEAL 57/2019-2021

In the case between Algama Appuhamylage Don Wasantha Lankanayake (Plaintiff-Appellant-Respondent) and Algama Appuhamylage Don Ananda Algama (Defendant-Respondent-Appellant), the primary legal issue concerned whether a constructive trust, allegedly arising from an oral agreement where an ex facie outright transfer deed served as security for a loan, remains enforceable following a partition decree. The court held that such a constructive trust is not extinguished by a partition decree, even when not expressly asserted during the partition proceedings, reaffirming the principle that trust obligations—when properly established—may subsist despite alienations or decrees affecting title on the face of record. This determination was made by interpreting the Trusts Ordinance, the Partition Ordina