Mihindukulasooriya Andarage Vivian Dulcie Livera vs Weragamage Dona Mary Jennette Agnes – CA NO.763-764/98-2013

The case between Mihindukulasooriya Andarage Vivian Dulcie Livera (Plaintiff-Appellant) and Weragamage Dona Mary Jennette Agnes (Defendant-Respondent) addressed the issue of whether deed No.85 (P2) constituted an outright transfer of title or was executed as security for a loan within the ambit of Section 83 of the Trust Ordinance concerning constructive trusts. It was held that the deed functioned as security for a debt rather than as a genuine sale, thereby preserving the Defendant’s beneficial interest under the ordinance. The principle reaffirmed is that where evidence establishes a transaction as one of security rather than sale, Section 83 precludes the claim to absolute title by the ostensible transferee. This decision relied on the factual matrix including possession, payment of du