Amarakoon Devika Dias vs. Sita Hapuarachchi – sllr 2014 volume 1 page 205

In the case between Amarakoon Devika Dias (Respondent) and Sita Hapuarachchi (Appellant), the court addressed the issue of whether a constructive trust could be established under Sections 83, 84, and 96 of the Trust Ordinance when consideration for the purchase of property was provided by the plaintiff’s father for the advancement of her marriage. It was held that only the person who provided the purchase consideration is entitled to claim a constructive trust, and that the evidentiary burden to prove intent and payment is stringent. The principle reaffirmed is that constructive trust rights do not extend to those who did not personally furnish the consideration, even in cases of familial advancement. This decision relied on statutory interpretation of the Trust Ordinance and relevant appe