Mahadura Chandradasa Thabrew vs. Mahadura Padmini Hemalatha Thabrew and Seylan Bank PLC – SC APPEAL NO. 168/14-2017

Brief
In the case between Mahadura Chandradasa Thabrew (alias “Allan Niwasa”) and Mahadura Padmini Hemalatha Thabrew with Seylan Bank PLC, the court addressed whether Deed No. 15398 dated 05.06.1987 constituted an outright transfer or was held on constructive trust for the original owner under Section 83 of the Trusts Ordinance. It was determined that the claimed beneficial interest under constructive trust was not established, affirming that mere familial transfers and uncorroborated explanations do not suffice to impose a trust. The principle affirmed is that the establishment of a constructive trust requires convincing evidence of intent and consistent conduct, supported by corroborative testimony. This determination relied on the provisions of the Trusts Ordinance and considered prior