Nagaria v. Gulamhussein and Others – 1978_79 volume 2 page 284

In the case between the widow of the deceased original plaintiff (Plaintiff-Appellant) and Gulamhussein and others (Defendants-Respondents), the court addressed the issue of whether the original plaintiff’s cause of action for restoration to possession of property and damages for trespass survives his death, and the propriety of substituting the widow as the legal representative. It was held that such a cause of action, founded on rights to property and delict, does survive and, therefore, the widow was properly entitled to be substituted. The principle reaffirmed is that legal actions pertaining to property possession and delictual claims are not extinguished by the plaintiff’s death. This decision relied on pertinent case law, such as Deerananda Thero v. Ratnasara Thero and Fernando v. L