Rajkumar et Al v Bachan

• Jurisdiction: Trinidad & Tobago
• Judge: Iles, J.
• Judgment Date: 15 March 1982
• Neutral Citation: TT 1982 HC 17
• Docket Number: No. 795 of 1979
• Court: High Court (Trinidad and Tobago)
• Date: 15 March 1982

High Court

des Iles, J.

No. 795 of 1979

Rajkumar et al

and

Bachan

Appearances:

Mr. Gaston Benjamin for the plaintiffs

Hr. Edwin Rnopnarine for the defendant

Real property - Possession

Iles, J.

1 Des On the pleadings and evidence, the plaintiffs' case was that before 1943 a parcel of land comprising one half acre at Perseverance Road, Chandranagore in the Ward of Chaguanas bounded on the North, East and West by other portions of a larger five-acre parcel of land of which it forms part and on the South by a Road Reserve (hereinafter called “the said land”), was owned by one Ramsarran Jagai and Rattanie Jagai also called Rattanie Monilal.

2 In or about the year 1943 the said Ramsarran Jagai and Rattanie Jagai also called Rattanie Monilal give the said land to Rajdays Rajkumar, mother of the first plaintiff, and she went into possession as a result of the gift and remained in exclusive, uninterrupted and undisturbed possession thereof from that time to 1962 when she put her son, the first plaintiff, and his wife, the second plaintiff, into possession of the said lands from 1962 to the present time.

3 It was further pleaded that the plaintiff erected a dwelling house on the said land and that they cultivated the remaining portion of the land with vegetables and fruits.

4 The defendant pleaded that whatever interest was orally passed to Rajdaye Rajkumar was not such that she could transfer to the plaintiffs or to anyone and further contended that whatever she purported to pass to the plaintiffs was made null and void by virtue of a deed registered as No. 11875 of 1972 by which the defendant became the fee simple owner of the said land and untitled to possession thereof.

5 The defendant further pleaded that when she became the fee simple owner of the said land she called upon the plaintiffs to leave and give up possession thereof to her and they promised so to do on several occasions but they have failed so to do.

6 A letter dated the 3 ^rd November, 1978 was written by the defendant's solicitors to the plaintiffs asking that they vacate the premises and they again have failed to do so.

7 The plaintiffs contended that they had acquired a possessory title by virtue of Sections 3, 4, 16 and 22 of Chapter 5 No. 7 the Real Property Limitation Ordinance and the Court was referred to Ashor and Wife v. Whillock (1865) 1 Q.B.D. 1 in which it was held that a person in possession of land without other...