Saverimuttu, S. V. Thangavelautham, P.

[IN THE PRIVY COUNCIL]

1954 Present: Earl Jowitt, Lord Keith of Avonham and
Mr. L. M. D. de Silva

S. SAVERIMUTTU, Appellant, and P. THANGAVELAUTHAM et al.,
Respondents

Privy Council Appeal No. 14 of 1953

S. C. 174-D. C. Point Pedro, 2,761

Trust-Sale of land by debtor to creditor-Adequate consideration-Parol evidence of agreement by transferee to reconvey the land-Admissibility-Prevention of Frauds Ordinance (Cap. 57), s. 2-Trusts Ordinance (Cap. 72), s. 5 (1) and (3).

Although in some cases the provisions of section 2 of the Prevention of Frauds Ordinance have been relaxed on proof of fraud on the ground that the " Statute of Frauds may not be made an instrument of fraud ", this proposition has only a limited application, and it is necessary that Courts should approach with caution the facts and the law on which any case is claimed to be an exception to the general rule that a transaction relating to immovable property is invalid unless the terms of the transaction have been embodied in a notarially attested document.

A. transferred for adequate consideration certain immovable property to B. by Deed No. 3. The proper

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