Malagodage Thilakeratne vs Malagodage Iranganie – SC APPEAL NO 169/15-2025

In the case between Malagodage Iranganie (Plaintiff) and Malagodage Thilakeratne (1st Defendant), with the Secretary, Ceylon Electricity Board EPF as 2nd Defendant, the Supreme Court addressed whether the transfer of property from the Plaintiff to the 1st Defendant was a genuine sale or resulted in a constructive trust, and whether valid consideration was paid. The court also considered the appropriateness of a retrial ordered by the Civil Appellate High Court, and the allocation of the burden of proof concerning payment. It was held that the Plaintiff failed to establish the existence of a constructive trust or non-payment of consideration, thereby warranting restoration of the original District Court decision dismissing the Plaintiff’s claim. The governing principle reaffirmed was that t