Pronchihamy V. Don Davit

Present: Middleton J. and Grenier J.

PRONCHIHAMY v. DON DAVIT.

280-D. C. Tangalla. 1,074.

Action by wife to have deed of conveyance executed by her in favour of husband set aside on the ground of fraud-No fraud proved-Resulting trust-A trust to re-convey-Ordinance No. 7 of 1840, s. 2.

Plaintiff sued her husband, the defendant, for the cancellation of a deed of conveyance of land executed by her in favour of the defendant, alleging that the defendant had fraudulently induced her to execute the deed.

Held (on the facts), that there was no evidence of fraud.

Middleton J.-An English Court might find, even without fraud being proved, that a resulting trust had arisen, to which effect might be given in spite of the Statute of Frauds; but I doubt if under our Statute a Ceylon Court would be able to give effect to a trust to re-convey in the face of section 2, unless it was proved that the Statute has been used for the purpose of perpetrating a fraud.

Gould v. Innasitamby 1 and Ohlmus v. Ohlmus 2 distinguished.

THE facts appear from the judgment.

Bawa, for defendant, appellant.

Bartholomeusz, for the plaintiff, respondent.

Cur. adv. vult.

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