Balasuriya Lekamlage Somawathie vs Severinus Dilano Ranjith Alles & Jayakody Arachchige Noyel Jayakody – SC APPEAL 144/2011-2019

Brief
In the case between Balasuriya Lekamlage Somawathie (Plaintiff/Appellant) and Severinus Dilano Ranjith Alles, Jayakody Arachchige Noyel Jayakody (Defendants/Respondents), the court addressed whether a constructive trust existed in favour of the Plaintiff regarding certain land transfers, whether the Plaintiff retained a beneficial interest, and whether the 2nd Defendant qualified as a bona fide purchaser for value under Section 98 of the Trusts Ordinance. It was held that the evidence did not establish any intention to retain beneficial interest by the Plaintiff after absolute transfers, nor was any constructive trust created under Section 83 of the Trusts Ordinance. The 2nd Defendant was determined to be a bona fide purchaser for value. The judgment reaffirmed the principle that abs