Malagodage Thilakeratne vs Malagodage Iranganie and others – SC Appeal No. 169/15-2025

In the matter of Malagodage Iranganie and Malagodage Thilakeratne, the court addressed the issue of constructive trust concerning property ownership. The Plaintiff alleged a temporary transfer to the 1st Defendant for loan facilitation with an oral agreement for reconveyance, while the 1st Defendant claimed purchase for consideration. The court held that the evidence did not support a constructive trust and affirmed the dismissal of the Plaintiff’s case by the District Court, setting aside the Civil Appellate High Court’s order for a retrial. The decision emphasized the burden of proof on the Plaintiff to demonstrate non-payment and the absence of sufficient attendant circumstances to override the notarial instrument. Further deliberation considered the circumstances that might establish a