Mahinda Samayawardhena, J.

Introduction The plaintiff filed this action in the District Court of Kegalle seeking a declaration that he is the owner of the immovable property described in the schedule to the plaint by deed No. 6165 marked P2, ejectment of the defendant therefrom and damages. The defendant, who was the transferor of the property by deed P2 to the plaintiff, filed answer seeking dismissal of the plaintiff’s action and a declaration that the plaintiff is holding the property by deed P2 in trust for the defendant. In the alternative, the defendant prayed that deed P2 be set aside on the ground of laesio enormis. After trial, the District Court entered judgment for the plaintiff. On appeal, the High Court affirmed the said judgment.

Hence this appeal by the defendant to this Court.

This Court granted leave to appeal on the question of law whether the District Court and the High Court erred in deciding that there was no evidence to prove that the defendant did not intend to part with the beneficial interest in the property when deed P2 was executed. On behalf of the plaintiff, a purported consequential question of law was raised to say that the defendant cannot raise trust a