1944 Present: Moseley S.P.J. and Wijeyewardene J.

PERUMAL, Appellant, and HARDING, Respondent.

164-D. C. Galle,  38,843.

Trust-Claim to recover property-Constructive trust treated as express trust- Prescription-Trusts Ordinance (Cap. 72) ".111 (I) (b).

The plaintiff as cestui que trust of a constructive trust sued the defendant for declaration of title to an immovable property. The defendant had purchased the property with notice of the trust from the trustee within ten years of the institution of the action.

Held, that the provisions of section 111 (1) (b) of the Trusts Ordinance read with section 111 (5) operated against the defendant relying on the possession' of the trustee in support of his prescriptive title, as the trust was a constructive trust which would be treated as an express trust under the Law of England.

APPEAL. from a judgment of the District Judge of Galle.

H. V. Perera, K.C. (with him N. E. Weerasooria, K.C, and Peri Sunderam), for the defendant, appellant.

N. Nadarajah, K.C. (with him N. Kumarasingham), for plaintiff, respondent.

Cur. adv. vult.

June 15, 1944. WIJEYEWARDENE J.-

The plaintiff-respondent filed thi