Vaithyalingam Rajarajeswari vs Sathasivam Pushparajah – CA RII/03/2017-2024

In the case between Vaithyalingam Rajarajeswari (plaintiff-petitioner) and Sathasivam Pushparajah and Thangarajah Ranjith (defendants-respondents), the court addressed whether the petitioner’s rights over the Ramboda Tea Estate were fraudulently compromised by an unauthorized settlement executed by an agent acting under a Special Power of Attorney. The court held that the agent exceeded the authority conferred by the Power of Attorney, and that the resultant settlement was made without the petitioner’s knowledge or consent, amounting to fraud. The principle reaffirmed was that fraudulent interventions preclude the necessity to first seek relief from the District Court, justifying the remedy of Restitutio in Integrum (restoration of the original legal position prior to the fraud). The analy

REF: CA RII/03/2017-2024 Category: Tag:
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