Fernando Et Al. V. Fernando Et Al.,

1916. Present : Wood Renton C.J. and De Sampayo J.

FERNANDO v. FERNANDO.

119-D. C. Chilaw, 5,141.

Enormis laesio-Resulting trust-Oral agreement to re-convey land.

By what purported to be a deed of sale, plaintiff, when seriously ill, conveyed to defendant certain lands for Rs. 600, subject to the verbal agreement that defendant should re-convey the lands to the plaintiff if he recovered. The lands were actually worth about Rs. 2,000. Although the deed purported to sell the lands to defendant for Rs. 600, no sum ever passed, or was intended to pass, from the defendant to plaintiff.

Held, in an action for cancellation of the deed, that the doctrine of enormis laesio did not apply, as the transaction was not a sale, and that plaintiff . could not rely on a resulting trust, the Court ordered the defendant to pay Rs. 600 to plaintiff.

THE facts are set out in the judgment. ,

Bawa, K C. (with him Balasingham), for the defendant, appellant.

A. St. V. Jayewardene (with him Sansoni), for the plaintiff, respondent.

Cur. adv. vult.

May 31, 1916. WOOD RENTON C.J.-

The plaintiff sues in this action for a cancellation of what pur-

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