DE SILVA Vs. DE SILVA AND DEVKARAN NANJI

JUDGEMENT

(1.) The first point in this case is a dry point. of law and mast, in my opinion, be disposed of in favour of the second defendant, Devkaran Nanji. It arises in this way.

(2.) One Anna De Silva was the wife of the first defendant, John Joseph De Silva. He married her in February, 1890, and on the 24 of March, 1893, she purported to purchase the, immoveable property, which is the subject-matter of this suit, from one Valladares, for Re. 20,000. The sale-deed (Exhibit A) was executed in her name. She died on the 24 of May, 1893, leaving an infant son, who is the plaintiff in the present suit, an infant daughter, and her husband, the first defendant.

(3.) About August, 1893, the first defendant, who had till then been cashier to Messrs. Graham & Co. for twenty-six years, was found short of moneys to a large amount belonging to the firm. Having been called upon to make good the amount, he agreed to make over to Messrs. Graham & Co. whatever property he had and made over the title-deeds of the property in dispute to two off their representatives, Mr. John Frederick Noble Graham and another, representing that his deceased wife Anna was merely a trustee of the property and that the beneficial interest in it was vested solely in him. On the 18 of September, 1893, he executed a conveyance of the property in dispute in the names, of the said two representatives of Messrs. Graham & Co. (Exhibit No. 2). On the 1 November, 1893, the first defendant applied to this Court on its Testamentary Side for letters of administration to tire estate of his wife Anna, and in his affidavit, annexed to the petition, he swore that the property now in dispute belonged to him, and that Anna bad held it merely as trustee (vide Exhibit No. 1). The petition was not, however, proceeded with on account of the conviction of the first defendant of the offence of criminal breach of trust.