1933 Present: Dalton A.C.J. and Drieberg J.

EMEE NONA v. WINSON.

106-D. C. Galle, 30,100

Constructive trust-Fraudulent purchase by decree-holder of property in defendant's name-Evasion of Court's order-Action by administratrix of decree-holder for declaration of trust-Trusts Ordinance, No. 9 of 1917, s.83.

Where the plaintiffs intestate, the holder of a mortgage decree fraudulently purchased the mortgaged property below the appraised value in evasion of the order of Court, and the conveyance was executed in the name of the defendant,-

Held (in an action for a declaration that the defendant held the property in trust for the plaintiffs intestate), that the plaintiff was not entitled to prove a constructive trust.

APPEAL from a judgment of the District Judge of Galle.

N. E. Weerasooria (with him D. E. Wijeywardene and U. J. T. de Silva). for defendant, appellant.

H. V. Perera (with him M. C. Abeyewardene), for plaintiff, respondent.

July 18, 1933. DALTON A.C.J.-

The plaintiff, as administratrix of the estate of her late husband Endoris Appu, sought to obtain a declaration of the Court that certain premises purchased in the name of t