Kotagedera Liyanage George Patrick Perera v. Meththasinge Arachchige Mary Linette Fernando – SC APPEAL 101/16-2017

In the case between Kotagedera Liyanage George Patrick Perera (Plaintiff) and Meththasinge Arachchige Mary Linette Fernando (Defendant), the court addressed whether the Plaintiff was holding the property in trust for the Defendant following a contested transfer of ownership. It was held that a constructive trust could not be established as the Defendant failed to provide documentary evidence of ownership or trust, and the property transfer did not originate directly from the Defendant. The principle was reaffirmed that documentary evidence and the chain of title are paramount in determining trust and ownership, with the relevant legal reasoning derived from the Trusts Ordinance and established case law. The decision emphasized that a trust under Section 83 of the Trusts Ordinance requires