JUDGMENT

Gopal Sri Ram JCA:

The respondents are the children of Retnasamy Naina ("the deceased) by his second wife. The appellant was the 3rd defendant in the court below. There were three other defendants before the High Court but they are not appealing against the orders made by the learned judge. The 3rd defendant purchased the land held under EMR 6693 for Lot No 5079 in the Mukim of Kapar ("the subject land") from one Supia, the deceased's son by his first wife and the 1st defendant in the court below. The learned judge found that the subject land was trust property, that the 1st defendant had obtained the issue document of title from the 1st respondent, that the 1st defendant had no interest in the subject land and that the appellant was not a bona fide purchaser. He accordingly granted the respondents a declaration that the transfer to the appellant was null and void, set aside the transfer and made other consequential orders.

The learned judge's finding that since the 1st defendant had no interest in the land he was incapable of passing any to the appellant is, in my judgment a correct direction of law. It finds support from the decision of the Supreme Court in M & J Frozen