A.L.Mary Nursila Jayawardene vs P.Gamini Silva – CA 178/97-2013

The case between A.L. Mary Nursila Jayawardene (plaintiff-appellant) and P. Gamini Silva (defendant-respondent) addressed whether the defendant held the subject land in trust for the plaintiff under Section 83 of the Trust Ordinance, rather than as an outright transferee. It was held that the transfer constituted a constructive trust in favor of the plaintiff. The principle reaffirmed was that undervalue, continued possession by the transferor, and contemporaneous documentation may give rise to a trust rather than an absolute conveyance. This decision relied on Section 83 of the Trust Ordinance and relevant precedents, emphasizing the necessity of giving effect to the realities of the transaction over the mere form of the deed.

K.T. Chitrasiri J. — After a detailed analysis of the eviden