Don Richard Munasinghe v. Vincy Edward Von Hagt Pathirana – 08/99 F -1999

The case between Don Richard Munasinghe and Vincy Edward Von Hagt Pathirana concerned whether the defendant held the property described in the plaint upon a constructive trust in favor of the plaintiff under Section 83 of the Trust Ordinance. It was held that the plaintiff had established the existence of such a trust, affirming that when attendant circumstances—such as an inadequate purchase price, continued possession by the transferor, and a promise to re-transfer—are proven, a presumption of constructive trust arises. The decision relied on Section 83 of the Trust Ordinance and supporting case law, stressing that factual findings of trial courts on matters involving credibility and evaluation of evidence should not be disturbed on appeal unless clearly perverse or unsupported. The appe