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Dutt v Mohammed Shamsud Din Sahu Khan Barrister & Solicitor [2012] FJHC 1470; Civil Action 12.2008 (6 December 2012)

IN THE HIGH COURT OF FIJI AT LABASA
CIVIL JURISDICTION

Civil Action No. 12 of 2008

BETWEEN:

Krishna Dutt
Plaintiff

AND:

Mohammed Shamsud Din Sahu Khan Barrister & Solicitor.
1st defendant

Jagat Singh
2nd defendant

Jai Ram Sharma
3rd defendant

Philip Jagdishwar Singh
4th defendant

Fashad Ali
5th defendant

Registrar of Titles
6th defendant

The Attorney General
7th defendant

ADDENDUM TO JUDGMENT

The 1st, 3rd, 4th and 5th defendants had advanced the contention in their "skeletal submissions" filed on their behalf, that section 13(1) of the State Lands Act(cap 132) required the written consent of the Director of Lands, in order to institute legal proceedings, in respect of a protected lease.

In my judgment dated 9th October, 2012, I found that it did not appear that this consent had been obtained by the plaintiff and I made order as follows:

upon the plaintiff obtaining the consent of the Director of Lands under 13(1) of the State Lands Act(cap 132) .

1. Memorials numbered 428466,503510 and 694615 be expunged from State Lease No.8165.
   
2. The 6th defendant provide the plaintiff with an unencumbered and indefeasible title.
   

Upon delivery of my judgment on 9th October, 2012, Mr Sunil Kumar, counsel for the plaintiff, submitted that the consent of the Director of Lands was not required, in respect of a discharge of mortgage.

I have now verified from the iTaukei Land Trust Board that the consent of the Director of Lands is not required, in respect of a discharge of mortgage of native land. In these circumstances, my judgment dated 9th October, 2012, has to be varied to the extent that the consent of the Director of Lands is not required for the discharge of Memorials numbered 428466,503510 and 694615 .

A.L.B.Brito-Mutunayagam
Judge

At Suva
06 December, 2012