Rankothpedige Lalith Premathilaka vs Hewasunderage Lionel Dasanayake – SC APPEAL 209/2014-2025

In the case between Rankothpedige Lalith Premathilaka (Plaintiff-Respondent-Appellant) and Hewasunderage Lionel Dasanayake, Gunadasa Maranda, and others (Defendants-Appellants-Respondents), the court addressed the issue of whether the deed No. 5609 represented a valid transfer of land, a mortgage, or was subject to constructive trust or laesio enormis. It was held that the impugned deed constituted a valid transfer of property and that neither constructive trust under section 83 of the Trusts Ordinance nor laesio enormis were established. The prior High Court finding in favor of a constructive trust was set aside, reaffirming the principle that clear evidence is essential to displace the plain meaning of a transfer deed and that trusts not pleaded or put in issue at trial cannot be imposed

REF: SC APPEAL 209/2014-2025 Category: Tag:
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