Vairamuttu Palagapodi v. Gnanamuttu Kanmani et al – CA CASE NO. 201/1998 F -2016

In the case between Vairamuttu Palagapodi (substituted by Palagapodi Balasundaram) and, inter alia, Gnanamuttu Kanmani, the court addressed whether Deed No. 14 (dated 05.10.1987) regarding land in Mahiloor, Batticaloa, constituted a valid outright sale or was subject to a constructive trust or conditional reconveyance agreement. The determination was that the deed represented a genuine sale, with no enforceable trust or right arising from the non-notarial parol agreement, and that relief under laesio enormis was unavailable due to insufficient proof. The court reaffirmed that, in the absence of notarially executed agreements or evidence of substantial inadequacy and other attendant circumstances, constructive trusts could not be established and parol evidence cannot defeat an outright deed