Anjalidevi Thangavel vs Welhena Rajapakse Appuhamilage Don Podi Ralahamy Rajapakse – SC APPEAL 74/2020-2024

In the case between Welhena Rajapakse Appuhamilage Don Podi Ralahamy Rajapakse (Appellant) and Rajaguru Rajakaruna Gane Bandararalage, A. Somasunderam, and Anjalidevi Thangavel (Respondents), the court addressed whether property transferred through a series of transactions constituted a constructive trust under Section 83 of the Trusts Ordinance. The court determined that transactional evidence, significant disparities between declared consideration and market value, and continuous possession by the 2nd Defendant substantiated the existence of a constructive trust. It was established that the beneficial interest in the property never passed to subsequent transferees but remained with the 2nd Defendant. Relying on Section 83 and relevant case law, the Supreme Court set aside the Court of Ap