Thangeswararajah Prithiviraj vs Martin Joseph Fernando – CA 812/2000 (F) -2020

In the case between Thangeswararajah Prithiviraj (substituted by Prithiviraj Arulkumaran) and Rajaluxmy Prithiviraj (Plaintiffs-Appellants) and Martin Joseph Fernando and Minnathul Fowza Joseph Fernando (Defendants-Respondents), the court addressed whether the Plaintiffs held the subject property in trust for the Defendants based on alleged undertakings, and whether a constructive trust existed under sections 83 and 96 of the Trust Ordinance. The court held that a constructive trust had arisen in favor of the Defendants, and the Plaintiffs’ obligation to retransfer the property persisted despite the absence of formal notarial documentation, provided parole evidence was sufficient. This principle was reaffirmed, giving effect to the equitable doctrine of constructive trust as articulated in