Iyathurai Kulenthiran vs Iyathurai Perinpanayagam – SC Appea 148/2018-2025

This case involves an appeal concerning a dispute over a bus, where Appellants alleged it was held in trust by the Respondent for the benefit of the 2nd and 3rd Appellants, with funds allegedly provided by the 1st Appellant. The District Court found in favor of the Appellants, but the Civil Appellate High Court reversed this decision. The Supreme Court addressed procedural issues and questions of law, ultimately determining that the transaction was a money lending arrangement, not a trust. It was held that the 1st Appellant’s testimony supported the Respondent’s claim of a loan, and the 2nd and 3rd Appellants could not establish a constructive trust under Section 84 of the Trust Ordinance as they had not provided consideration. The appeal was dismissed, upholding the Civil Appellate High C