Fong Chong Cheng v Public Trustee

• Jurisdiction: Singapore
• Judge: J W D Ambrose J
• Judgment Date: 07 July 1967
• Neutral Citation: [1967] SGFC 17
• Citation: [1967] SGFC 17
• Date: 07 July 1967
• Year: 1967
• Plaintiff Counsel: NA Mallal and Tan Peng Khoo (Oehlers & Choa)
• Docket Number: Civil Appeal No Y16 of 1965
• Defendant Counsel: Po Guan Hock (Wee Swee Teow & Co)
• Court: Federal Court (Singapore)
• Published date: 19 September 2003

The plaintiff is the administrator of the estate of one Mildred Edith D`Almeida (hereinafter referred to as `the deceased`) who died in the year 1944 intestate. Letters of administration of the deceased`s estate were granted to the plaintiff on 30 July 1962. At the time of her death the deceased was the owner of the lands and premises known as Lot 153-4 of Town Sub-div XVII together with the houses erected thereon and known as Nos 221 and 223 Kallang Road, Singapore (hereinafter referred to as `the said hereditaments`).

By an indenture of lease dated 25 August 1934 the said hereditaments were leased to the defendant for a term of ten years commencing from 1 June 1934 at a monthly rent of $120. The deceased was a person of unsound mind and the rent was paid by the defendant to various persons who were appointed committee of the deceased`s estate with power to manage the same. The lease expired on 31 May 1944 and it is clear that no rent was paid by the defendant after that date.

On 1 July 1964 the plaintiff issued a writ against the defendant claiming, inter alia, a declaration that the plaintiff as the administrator of the deceased`s estate was entitled to the said hereditaments. Pleadings were filed and the defendant by his defence contended that the plaintiff`s alleged claim or right of action was barred by the Limitation...