Thiyagarasa v. Arunodayam – sllr 1987 volume 2 page 184

Brief

In the case between Thiyagarasa (plaintiff) and Arunodayam (defendant, with additional defendant-appellants), the court addressed whether a deed was void for want of due execution under section 2 of the Prevention of Frauds Ordinance due to the notary’s insertion of a wrong date, and whether the deed’s validity was affected by execution during the pendency of a partition action under section 67 of the Partition Act. The findings established that fulfillment of statutory requirements for execution renders a notarial error as to date non-fatal to the validity of the deed. Further, it was determined that, absent proper lis pendens registration, execution during a partition action does not invoke the statutory prohibition. The appellate judgment allowed the appeal, set aside the Distr