R. Upendra Perera vs Loku Liyanage Premawardena Alwis – CA NO. 890/96 F-2012

In the case between R. Upendra Perera (Administrator of the Estate of Raigamage Arnolis Perera) and Loku Liyanage Premawardena Alwis and others, the court addressed the issue of whether property previously owned by Arnolis Perera should remain part of his estate or whether the defendants held a beneficial interest under a constructive trust based on its transfer as dowry. The holding established that the property was held in trust for the defendants, relying on Section 2 of the Trust Ordinance and relevant Sri Lankan and English precedents regarding constructive trusts. The judgment underscored that, in the absence of explicit statutory provisions, equitable principles may be invoked to recognize constructive trusts. This decision reinforced the principle that equity will construe a trust