Bridget Premalatha Perera vs Balasooriyage Anton Nimal Perera and Denipitiya Manikkuge Ramani Kumari – SC APPEAL 12/2012-2012

Brief
In the case between Bridget Premalatha Perera and Balasooriyage Anton Nimal Perera with Denipitiya Manikkuge Ramani Kumari, the court addressed whether a deed of transfer for land constituted an outright transfer or created a constructive trust in favor of the original owner. It was determined that the conveyance was an outright transfer, not a loan transaction or a trust arrangement under Section 83 of the Trusts Ordinance. The key principle reaffirmed is that clear acts evidenced by a deed of transfer and surrounding documentation establish the intention of parties, precluding application of a constructive trust absent explicit conditions. The decision set aside the High Court order and restored the District Judge’s judgment for the appellant, reinforcing the primacy of documentary