ඔව් ඇත්ත. කලිනුත් තිබිලා මේ ගැන පහල උසාවියෙක් දුන්න තින්දුවකට සුප්රිම් කෝට් එකට ආපු ඇපිල් එකක තින්දුවක්. 26 දුන්නේ.
මෙතනින් නඩු තින්දුව කියවලා බලන්න.
https://supremecourt.lk/judgements/
පිටු 10ක් තියනවා සවිස්තරව.
SC/CHC APPEAL/34/2017
එහෙම එකක් නැත. කලිනුත් මිට අදාලව විවිධ නඩු තින්දු තියනවා.
මිනිමැරුමකත් මිනිමරුමකට සහය දක්වු අයට දඩුවම් කරනවා. ගිවිසුමකට ඇපයට අස්සං කරනවා කියන්නේ බලන් සිටිමක් නොවේ.
මේක නම් මරු ..මන් අද දන්නේ . ..පිටු 10 chatgpt ට කියල සාරාංශ කරලා කියන්න කිව්වම මරු . .තියෙන තියෙන එව්වා කියවන්න පුළුවන් . .
Simple summary of what happened:
- A brother, T. A. Donald, worked in Italy and claimed he sent money to buy a house in Sri Lanka.
- The house was purchased in 1993, but it was registered in the name of his younger sister, T. A. Roopa Thenuwara, who was only 18 years old at the time.
- The brother said the sister agreed to hold the property for him and transfer it to him when requested.
- Years later, a dispute arose when the sister claimed the house was hers and allegedly removed the brother from the property.
What the courts found
The courts examined:
- Letters written by the sister.
- Testimony from family members.
- Evidence about who borrowed money and who repaid the loans used to buy the house.
The courts believed the brother's evidence more than the sister's evidence because:
- The sister's own letters appeared to acknowledge that the brother was responsible for repaying the loans.
- Some witnesses for the sister contradicted themselves.
- The trial judge found the brother's witnesses more credible.
Main legal issue
The sister argued that the brother did
not provide the entire purchase price, so he could not claim ownership under Section 84 of the Trusts Ordinance.
The Supreme Court rejected that argument, finding that:
- The money used to buy the property ultimately came from or was repaid by the brother.
- Therefore, he effectively provided the full consideration for the purchase.
Final decision
The Supreme Court:
- Agreed with the District Court and High Court.
- Held that the property was held in trust for the brother.
- Dismissed the sister's appeal.
- Made no order for costs (neither side was ordered to pay the other's legal costs).
Result: The brother won. The courts accepted that although the property was registered in the sister's name, it was bought using money provided by the brother, so she held it in trust for him.