Solamuthu Pillai Doraisamy v. Kandasamy Visalatchy et al. – 1022/97-2015

The case between Solamuthu Pillai Doraisamy (Plaintiff-Appellant) and Kandasamy Kadirkamanathan and others (Defendant-Respondents) addressed the issue of whether the Plaintiff-Appellant, as lessee from the State, was entitled to possession of the disputed property or merely held the leasehold in trust for the late Kandasami, whose successors were the Defendants. It was held that a constructive trust existed in favor of Kandasami, despite the grant being in the Plaintiff’s name due to citizenship restrictions. The principle reaffirmed is that long-term, exclusive possession and the circumstances of property allocation may create a constructive trust. The decision relied on precedents such as Muniyandi Nachchi v. M. Kayambu and relevant statutes on trust law, emphasizing that the facts and p

REF: 1022/97-2015 Category: Tag:
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