Suppramaniam Et Al. V. Erampakurukal Et Al.,

[FULL BENCH]  1922

Present : Bertram C. J. and Porter and Schneider JJ,

SUPPRAMANIAM et al. v. ERAMPAKURUKAL et al.

75-D. C. Jaffna, 13,170.

Prescription-Trust property-Deed of dedication for founding a madam-Appointment of another person as co-trustee along with the person dedicating the property-Does title pass to co-trustee ?-Is declaration of trust an instrument which requires registration ?- Mortgage by heir of person dedicating-Prior registration of mortgage bond- Priority-Acceptance of mortgage with knowledge of trust- Prior registration of Fiscal's transfer by purchaser under the mortgage decree-Priority-Is Fiscal's transfer an instrument for valuable consideration ?-Can persons asserting the trust go behind judgment and show that mortgage was collusive and not for ' valuable consideration ?

In 1881 Visuvanather and his wife, Kathirasipillai, dedicated a field and a garden for the purpose of founding a madam, and appointed themselves and Suppramaniam (a brother of Visuvanather) as trustees. The deed which was not registered merely dedicated the land for the purpose, but did not transfer any title to S

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