Sayoris And Others v. Gitanjali And Others – sllr 2006 volume 2 page 113

In the case between Sayoris and others (Plaintiffs) and Gitanjali and others (Defendants), the court addressed the issue of whether deed No. 5027, which reserved certain rights in favor of male children, created a valid fideicommissum, particularly given the death of one of the donees, Lihinis, without children. It was held that a valid fideicommissum did not exist since the essential element—the presence of eligible fideicommissaries—was lacking. The findings reaffirmed the principle that a fideicommissum cannot be sustained in the absence of intended fideicommissaries and that, in such cases, the property devolves according to law or grant. This decision relied on precedents including Perera v. Mariano, Francisco v. Swadeshi Industrial Works, and Mohamadu Cassim v. Mohamaddu Lebbe, highl