Present : Mr. Justice Wendt and Mr, Justice Grenier.

OHLMUS v. OHLMUS.

D. C., Colombo, 21,828.

Purchase of land in another's name-Parol evidence-Implied or constructive trust-Fraud-Statute of Frauds (Ordinance No. 7 of 1840).

The plaintiff's testator bought a land from the Crown and obtained the grant in the name of the defendant (his mother), who was to hold in trust for the plaintiff's testator, and was to reconvey it to him at his request. The defendant having refused to reconvey the property, the plaintiff instituted this action to vindicate it. It was objected on behalf of the defendant that a trust relating to immovable property could not be proved by parol evidence.

Held (over-ruling the objection), that the plaintiff was entitled to prove the trust by parol evidence.

Gould v. Innasitamby (9 N. L. R. 177) followed.

GRENIER A.J.-Parol evidence is at all times admissible to establish a resulting or constructive trust where a transaction is intended to effect a fraud. It is not necessary that there should be fraud at the very inception of the transaction; it is sufficient if it arises subsequently.

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