Ruby Jayasinghe & Mala Priyadarshini De Silva vs J.N. Jayamanna – CA NO.930/98-2013

In the case between J.N. Jayamanna (Plaintiff-Respondent) and Ruby Jayasinghe and Mala Priyadarshini De Silva (Defendant-Appellants), the court addressed whether the defendants held specified properties in trust for the plaintiff or owned them outright, and whether the plaintiff’s claim was time-barred under the law of prescription. It was held that the properties were held in trust for the plaintiff, reaffirming the principle that legal ownership, when funded by another party, can give rise to a constructive trust under Section 83 of the Trusts Ordinance. The decision relied on statutory provisions, including Sections 14 and 111(1) of the Trusts Ordinance, and supporting case law, emphasizing that trustees cannot defeat beneficiaries’ interests by asserting prescription and that factual d