Ganehi Achchi Vederalalage Jayasekara vs.Weragoda Arachchillage Weraj Sharm Weragoda – SC APPEAL 09/2011-2018

The case between Weragoda Arachchillage Weraj Sharm Weragoda and Kullaperuma Arachchilage Kusumawathie (with related substituted defendant respondents) addressed the issue of whether a property transfer evidenced by deeds, combined with a loan arrangement and promise of occupancy, created a constructive trust or constituted an outright transfer subject to conditions. It was determined that the evidentiary record, including witness testimonies and documentary evidence, did not support the extension of a constructive trust beyond the immediate parties, in accordance with the provisions of Section 83 of the Trusts Ordinance and established precedent. The decision reversed the High Court’s directive for deposit and conveyance, reinstating the lower District Court’s ruling that authorized posse