Suppaiah Yogendran alias Suppaiah Yohanandan Ketpawathy Watte, Mundel v. Mrs.Selvarani Johnson – CA NO. 1308/98 F -1998

In the case between Mrs. Selvarani Johnson (Plaintiff-Respondent) and Meenaloshani Yohanandan (Substituted Defendant-Appellant), the court addressed whether the plaintiff was the rightful owner of the land described in the plaint by virtue of deed No. 18040, and whether the relevant deed constituted an outright sale or a trust for the security of a loan under Section 83 of the Trust Ordinance. The court held that the plaintiff was the lawful owner entitled to possession, as the defendant failed to establish that the transaction was a trust rather than a sale. The principle reaffirmed is that, in the absence of sufficient evidence showing a transaction as a security for a loan, a formally executed and registered deed conveying property will be treated as an outright sale. The decision relie