Valliyammai Atchi V. Abdul Majeed

[IN THE PRIVY COUNCIL]

1947 Present: Lord Thankerton, Lord Uthwatt , Lord Du
Sir Madhavan Nair and Sir John Beaumont.

VALLIYAMMAI ATCHI, Appellant, and ABDUL MAJEED,
Respondent.

PRIVY COUNCIL APPEAL NO. 15 OF 1946.

S. C. 30-D. C. Colombo, 1,961.

Trust-Unconditional notarial transfer of land-Parol agreement of trust- Admissibility of oral evidence-Whether Section 2 of Statute of Frauds applicable-Formalities necessary to constitute trust-Section 5 of Trusts Ordinance-Effectuating fraud-Evidence Ordinance, sections 91 and 92.

M who was entitled inter alia to certain immovable property of the value of over Rs. 460,000 executed an unconditional notarial transfer of these properties to N for a consideration of Rs. 203,256. It was alleged by M that this transfer was in pursuance of a verbal agreement that N was inter alia to hold the properties in trust for him; to pay out of the income certain specified debts and interest to himself at 13 per cent. on the said sum of Rs. 203,256 and to reconvey the properties to M on the liquidation of the said sum of Rs, 203,256 and interest. N died and his widow claimed to hold the propert

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