Kodithuwakku Arachchilage Don Mithrasena vs. Withanage Don Ariyarathne – SC APPEAL NO. 156/2012-2024

In the case between Kodithuwakku Arachchilage Don Mithrasena (and substitutes) as plaintiff-appellant/respondent and Withanage Don Ariyarathne, Opatha Kankanamge Don Neetha Ranjani (and substitutes) as defendants-respondents/appellants, the Supreme Court addressed the issue of title to a parcel of land, weighing conflicting evidence regarding ownership and the applicability of a constructive trust. It was held that the Civil Appellate High Court erred in its factual findings and in evaluating whether the evidentiary burden concerning the constructive trust was discharged. The principle reaffirmed is that the burden of proof for constructive trusts must be assessed with due regard to both documentary and oral evidence, and omissions in the trial process—such as the absence of key witness te