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NACHIAR v. FERNANDO


NACHIAR v. FERNANDO.

NACHIAR v. FERNANDO.

D.C., Colombo. 10,518.

Duty of judge to frame such issues as will enable him to express his findings on the question's raised-Ordinance No. 7 of 1840-Inadmissibility of oral evidence to establish a resulting trust--Relevancy of evidence as to price of property having been paid by the defendant and not by the person who holds the title deed, to show when adverse possession began-Other exceptions to the Ordinance of Frauds.

Where, in an action rei vindicatio, plaintiff set up a chain of title, and defendant, admitting the execution of the title deeds pleaded by plaintiff, raised inter alia the issues that one of the plaintiff's predecessors in title had bought the property for her out of funds supplied by her, but took the conveyance in his own name, and that she never was the tenant of such predecessor or other subsequent paper title holders,-

Held, that the only issue framed by the Court below as follows- " Has the defendant acquired title to the property in dispute by adverse " and uninterrupted possession for more than ten years previous to the " date of action? "-was too vague to permit the Court to express its find



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