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Friday, 11 January 2013 12:00

Heirs obtain land sale cancelled

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Justice Abdurrafeek Hamuth sitting at the Supreme Court has in a ruling last week invited the Master and Registrar to notify the Director of Public Prosecutions (DPP) of the present judgment for any action that he may deem fit to initiate.
The present case refers to the sale of an immovable property of an extent of 337.67 square metres situated at Avenue Monseigneur Leen, La Louise, Quatre-Bornes, by the late Baboo Yogduth Raye Ramdhonee to the defendant, Suven Byrajee. The plaintiffs, J.D. Ramdhonee & Ors, who are the heir of late Yogduth Ramdhonee, have challenged the authentic deed drawn up by Notary Public, Mr Vinay Deelchand on 24 May 2001. The plaintiffs’ case is that the sale of that portion of land to the defendant had never been effected and that it be declared by the Court to be null and void. In fact Jogduth Ramdhonee never appeared before Notary Deelchand to sign the deed of sale.

Various particulars required by the Notaries Act have not been complied with, such as the registered number of the vendor’s birth certificate has not been mentioned and his photograph has not been affixed on the deed of sale in breach of the Notaries Act. The plaintiffs and their now deceased mother, Deena Yoyduth, have entered an application before the Judge in Chambers for an injunction restraining the defendant for mortgaging, charging, selling, leasing or otherwise disposing of the land subject matter of the allegedly fraudulent sale. In their plaint they are praying for a judgment declaring and decreeing that the sale is null and void to all intents and purposes.

“The conclusion of the handwriting expert in his second report, which strengthened those in the first report as seen above, that the questioned initials/ and signature are not that of the alleged vendor are in my view well founded,” the Judge underlined in the conclusive part of his ruling. “In view of the manifest defects and omissions in the defendant’s title deed, …, I have come to the conclusion that the validity of the sale in question has been rightly questioned and challenged. The evidence of the purchaser on the issue of the identity of the vendor, apart from being self-serving, is not altogether reliable.

Although he would have been about 22 at the time of the contract and his parents were providing the funds for the purchase he has admitted that the price was Rs 400,000, but had been declared as Rs 250,000, admittedly to defraud the revenue authorities. In any event the remedy would be against the State agent and/or the Notary as rightly submitted by learned Senior Counsel for the plaintiffs.” Accordingly the Judge ruled in favour of all the plaintiffs’ prayers contained in their plant with summons with costs against the defendant. The ball is now in the court of the DPP to initiate whatever procedure against all those who had been involved in this fraudulent transaction where the loser was the late Jogduth Ramdhonee.

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