Nadarajah Et Al., V. Kanapathy Et Al.,

1948 Present: Howard C.J. and Nagalingam J.
 
NADARAJAH et al., Appellants, and KANAPATHY et al. Respondents,
 
S. C. 298-D. C. Jaffna, 66.

    Trust-Notarial conveyance of land-Transferee to pay off mortgage debt on land- Oral agreement to hold land in trust till debt was repaid-Is agreement enforceable f-Statute of Frauds-Trusts Ordinance, section 5 (3).
 
By deed P 1, notarially attested, plaintiff's mother since dead and the co-plaintiffs transferred certain lands to the first defendant. These lands were subject to mortgage decrees in favour of the second and third defendants. The consideration for the transfer was the amount due on the decrees. There was an oral agreement between the parties that the first defendant was to re-transfer the lands on payment to him within a reasonable time of the amount due on the mortgage decrees which he had undertaken to settle and that he should hold the land in trust till then
 
Held, that the agreement was enforceable ,at law although it was not notarially attested. To hold otherwise would allow the Statute of Frauds to be used us a protection or vehicle for frauds.
 
Valliyammai

Click Here to Read the rest of this document