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2025 Supreme(SRI)(SC) 9692

Janak De Silva, J.

The Plaintiff-Appellant-Respondent (Plaintiff) instituted this action against the Defendants-Respondents-Appellants (Defendants) praying for a declaration that the 1st Defendant is holding the property described in the Second Schedule to the plaint, which was transferred by Deed No. 1455, in trust for the Plaintiff, for a declaration that the 1st Defendant did not have and do not have any beneficial interest in the property, to set aside Deed No. 1455 on the principle of laesio enormis, for a direction to the 1st Defendant to retransfer the property to the Plaintiff and in the alternative for a direction to the Registrar of Court to effect a retransfer to the Plaintiff and for costs of the action.

The Plaintiff claims that the transfer of land to the 1st Defendant was executed merely as security for a loan, while the Defendants maintain that it was an outright sale for valuable consideration.

The property described in the First Schedule to the plaint was originally held by the Plaintiff and her husband, Wilson Perera, by virtue of Deed No. 331. At one stage Wilson Perera required funds and, by Deed No. 118, the land was conveyed as security to Somalatha Perera for a

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