Consent Order listed properties obtained by fraud – Transport set aside – plaintiff Rahaman declared lawful owner

BY Consent Order made recently before Justice William Ramlall, plaintiff  Ahmed Anwaar Rahaman was declared the lawful owner  of the properties under Transport 288 of 2010, which was allegedly obtained by fraud by Number One Defendant, Sattie Boodhoo.

After hearing the action in Chambers on October 9, 2012, and hearing Attorneys-at-Law R. N. Poonai & S. J. Poonai for the plaintiff and for the first named defendant Sattie Boodhoo, in presence of the parties who heard evidence, the Consent Order was arrived at.
Making the Order, the judge declared that the Order made by Commissioner of Title and Judge of the Land Court on December 9, 2009, in petition No. 1168 – P of 2008 was obtained by fraud.
By consent, it was further declared that transport # 288 of 2010, dated February 22, 2010, obtained pursuant to an Order of Court dated December 9, 2009 and made in Petition No. 1168 – P of 2008 was obtained by fraud.
It was also agreed by consent that the Order made by the Commissioner of Title and Judge of the Land Court dated December 9, 2009 and made in Petition No.1168 – P  of 2008 be, and is hereby, set aside on the ground of fraud.
They also agreed that the plaintiff is the lawful owner of the properties, described as sub-lot ‘G’, being part of Lot 58 Plantation Industry, situated on the eastern coast of the county of Demerara, Republic of Guyana, and more fully described in transport No. 754 of 2009; and sub-lot ‘H’ being part of Lot 58 Industry, situate on the east coast of the County of Demerara. It was also agreed that the second-named defendant – the Registrar of Deeds –  do correct the Property Register, deleting  transport No. 288 of 2010, dated February 22, 2010.
And also by consent, it was further ordered that the first named defendant by herself, her servants, and/ or agents whosoever and howsoever do deliver up vacant possession of the properties described as sub lot G, being part of Lot 58 Plantation Industry situate on the east coast of the County of Demerara, Republic  of Guyana.

The Statement of Claim had said that the plaintiff and the firstnamed defendant are persons of age. The second named defendant is the Registrar of Deeds.
The plaintiff’s father, Abdool Shameer Rahaman, deceased, was by transport the owner of the properties named.

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