Towfeek v. Martin – sllr 2003 volume 3 page 125

In the case between TOWFEEK (Plaintiff) and MARTIN (Defendant), the court addressed whether the appointment of a receiver for disputed land, sought exclusively for the protection of pecuniary interests, is justified under Section 671 of the Civil Procedure Code. It was determined that the appointment of a receiver is to be confined strictly to the preservation and management of property, and not for safeguarding pecuniary interests connected to ongoing claims of title. The holding reaffirmed the legal principle that appointing a receiver on the basis of substantive claim merits amounts to pre-judging the underlying ownership dispute. Reliance was placed on established precedents including Rabbia Umma v Noordeen, Corea v Amarasekera, and Corbet v The Ceylon Company Ltd., with the judgment c

REF: sllr 2003 volume 3 page 125 Category: Tag:
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