Gonayamalamage Titus Sri Lal Montany Aponsu vs. Gamage Nihal Yasendra Jayawardhana and Warnakulasuriya Mary Bridget Thamel – SC APPEAL 160/2014-2023

In the case between Gonayamalamage Titus Sri Lal Montany Aponsu (Plaintiff/Respondent) and Gamage Nihal Yasendra Jayawardhana, Warnakulasuriya Mary Bridget Thamel, and others (Defendants/Appellants), the court addressed whether a deed dated 01.02.1999 represented a conditional transfer or established a constructive trust, and whether the stipulated redemption conditions were fulfilled by the defendants. It was determined that, as the defendants failed to pay the required sum with interest within the specified timeframe, absolute ownership vested in the plaintiff. The court reaffirmed the principle that non-fulfillment of a condition in a conditional transfer results in absolute title to the transferor, relying on authorities such as Shanmugam and Maggie Silva. Parole evidence and claims of