Virendra Kumar v. Sumintra Arjun
Jurisdiction | Fiji |
Judgment Date | 18 June 2019 |
Date | 18 June 2019 |
Docket Number | Civil Action No. HBC 198 of 1990 |
Counsel | Mr. W. Pillay of Gordon & Co. for the Plaintiffs,Mr. N. Nand of Vijay Naidu & Associates for the Defendant |
Court | High Court (Fiji) |
IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION
Civil Action No. HBC 198 of 1990
Between:
Virendra Kumar and Shalendra Kumar both sons of Ami Chand Prasad as the Executors of Ami Chand Prasad (son of Baijnath Prasad (late of Drasa, Lautoka and as the Ultimate Executors and Trustees of the Estate of Baijnath Prasad (son of Sheo Raj) late of Drasa, Lautoka.
Plaintiffs
v.
Sumintra Arjun widow and executrix/trustee of the estate of Arjun.
Defendant
Trial Dates : 15 & 16 April 2014
Date of Judgement : 18 June 2019
Appearances:
Mr. W. Pillay of Gordon & Co. for the Plaintiffs
Mr. N. Nand of Vijay Naidu & Associates for the Defendant
JUDGEMENT
INTRODUCTION
3. Ami Chand Prasad died in June 1990. He was the plaintiffs' father.
THE PLAINTIFFS
THE DEFENDANT
FAMILY
PARTITIONING OF CT 7706
WHAT IS THIS CASE ABOUT?
15. The plaintiffs seek the following relief:
(a) A declaration that the defendant holds 45 acres as Trustee or as constructive trustee for Baiju estate.
(b) defendant, by conduct, created equitable interest or equitable estate or charge in favour of Baiju estate or by doctrine of estoppel, created
(c) defendant to have a survey carried out and Survey Plan be registered with Registrar of Titles as to enable transfer or vesting of the 45 acres unto plaintiffs as Trustee of Baiju estate and plaintiffs to bear all legal costs
(d) defendant then to execute transfer to plaintiffs.
HISTORY OF PROCEEDINGS
SURVEY OF THE 45 ACRES
TRIAL
(i) PW1 Virendra Kumar (who gave evidence on 15 and 16 April 2014)
(ii) PW2 John Krishna (gave evidence on 16 April 2014)
35. The defendant only called one Pradeep Kumar (DW1). He gave evidence on 16...
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