Wamakulasuriya Hubert Fernando vs W. Sebastian Fernando – CA 1178/2000-2013

The case between Warnakulasuriya Hubert Fernando (Plaintiff-Appellant) and W. Sebastian Fernando, W. Fatima Merlin Fernando, and Noel Medit Fernando Kolambage (Defendant-Respondents) addressed whether the Defendants held certain property in trust for the benefit of the Plaintiff under Section 83 of the Trusts Ordinance, or whether a deed of transfer and lease agreement executed on the same day evidenced a genuine sale. It was determined that parole evidence is admissible to establish whether a trust exists, and that the District Judge erred by not giving adequate consideration to such evidence. The appellate court set aside the prior dismissal and ordered a re-trial, reaffirming the principle that the real intention behind property transactions may be probed through attendant circumstances