Nimalasiri Guruge vs Surasena Jayasinghe – CA 1212/98-2013

In the case between Nimalasiri Guruge (Plaintiff-Appellant) and Surasena Jayasinghe and others (Defendant-Respondents), the court examined whether the Plaintiff was entitled to a 2/3 share of land and the 1st Defendant to the remaining 1/3 pursuant to certain deeds. It was determined that the Plaintiff’s title under deed 14448 was in fact held in trust for the 1st Defendant, as the transaction was intended to act as security for a loan rather than a true transfer of property. The findings established that the 1st Defendant retained possession and that the conduct of the parties and specific contractual terms supported this constructive trust. Additionally, it was held that prescriptive rights had also been proved in favor of the 1st Defendant due to uninterrupted possession. The court affi