Saroja Nisansala v. John Laurence Rose Aberfoyle – SC APPEAL NO. 82/2009-2011

In the case between Dheerasingha Arachchige Saroja Nisansala (“Kumari”) and John Laurence Rose Aberfoyle (representing Dubai Cable Company Pvt. Ltd.), the court addressed whether a constructive trust could be established under sections 4(1) and 98 of the Trusts Ordinance, where the property was purchased in the appellant’s name using funds supplied by the plaintiff-respondent. The dispute centered on the nature of the transaction—whether it constituted a gift or a trust—and whether any intent to evade tax invalidated the trust. After examining the factual matrix, the deed of transfer, the undertaking letter, and the relevant statutory provisions, it was held that the alleged unlawful intention did not preclude the creation of a constructive trust. The court reaffirmed the principle that th