Perera vs. Chandrakumara – SC APPEAL NO.83/2014-2017

In the case between D. Don Chandrakumara (Plaintiff/Respondent) and Jayanthi Chandrika Perera (Defendant/Petitioner/Appellant), the court addressed the issue of whether the property transfer by deed was an outright sale or held as a constructive trust for the plaintiff under Section 83 of the Trust Ordinance. It was held that the transaction did not constitute a complete conveyance, as the evidence demonstrated that only partial consideration was received, and the transfer was executed with the intention of retaining the beneficial interest as security. The decision reaffirmed that property transferred for inadequate consideration, with the transferor retaining beneficial interest, can invoke constructive trust principles under Section 83. Reliance was placed on the factual matrix—conflict