Senadheerage Chandrika Sudarshani vs. Muthukuda Herath Mudiyanselage Gedara Somawathi – SC APPEAL NO.173/2011-2017

In the case between Senadheerage Chandrika Sudarshani (plaintiff–respondent–petitioner) and Muthukuda Herath Mudiyanselage Gedara Somawathi (defendant–appellant–respondent), the central issue was whether the 20-perch property was held by the defendant under a Constructive Trust in favor of the plaintiff, and whether there existed a valid agreement to reconvey the property upon repayment of a loan. The court addressed the sufficiency of evidence for the establishment of a trust under Section 83 of the Trusts Ordinance, the admissibility of parol evidence to override the contents of a notarial deed, and the propriety of dual findings of laesio enormis and a constructive trust. It was determined that the plaintiff failed to establish the existence of a constructive trust or a valid agreement