Tan Chwee Chye v P V RM Kulandayan Chettiar: Adverse Possession Claim Between Co-Owners
In Tan Chwee Chye and Others v P V RM Kulandayan Chettiar, the Singapore High Court addressed an application to set aside a default order obtained by the plaintiffs, trustees of the Singapore Chinese Weekly Entertainment Club, against the defendant, P V RM Kulandayan Chettiar, regarding a claim for adverse possession of land. The applicant, the defendant's son and executor, sought to intervene, arguing the default order was invalid as the defendant was deceased when the proceedings commenced. Belinda Ang Saw Ean J set aside the default order, holding it was fundamentally defective as it was entered against a deceased person. The court also found that the plaintiffs failed to establish adverse possession against a co-owner, as they did not demonstrate ouster. The court set aside the Order of Court dated 10 July 2002 with costs to the applicant.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Order of Court dated 10 July 2002 is set aside with costs to the applicant.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case regarding adverse possession claim by co-owners. The court set aside a default order against a deceased defendant.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Chwee Chye | Plaintiff | Individual | Order of Court dated 10 July 2002 is set aside | Lost | |
| Tan Sin Eng | Plaintiff | Individual | Order of Court dated 10 July 2002 is set aside | Lost | |
| Ng Chek Seng | Plaintiff | Individual | Order of Court dated 10 July 2002 is set aside | Lost | |
| P V RM Kulandayan Chettiar | Defendant | Individual | Order of Court dated 10 July 2002 is set aside | Won | |
| K L Ramanathan | Applicant | Individual | Application allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chew Kei-Jin | Tan Rajah and Cheah |
| Lavinia Rajah | Tan Rajah and Cheah |
| Lai Swee Fung | UniLegal LLC |
4. Facts
- Plaintiffs are the trustees of the Singapore Chinese Weekly Entertainment Club.
- The Club has operated from its clubhouse at 76 Club Street, Singapore since 1891.
- The Club has owned Lot 85-1 since 1898.
- Plaintiffs obtained a default order declaring they had become entitled to possession of Lot 85-2 by adverse possession.
- The trustees of the Club and the defendant were tenants-in-common in equal shares of Lot 85-2.
- The defendant died on 7 January 1985 in Ipoh, Malaysia.
- The applicant is the defendant’s son and sole executor of his will.
5. Formal Citations
- Tan Chwee Chye and Others v P V RM Kulandayan Chettiar, OS 619/2002, SIC 2341/2005, [2005] SGHC 203
6. Timeline
| Date | Event |
|---|---|
| Singapore Chinese Weekly Entertainment Club established. | |
| Club owned Lot 85-1 since 1898. | |
| Cheang Jin Hean assigned the land to Tan Quee Lan and Mayna Ahna Ravena Mana Perianar Chitty as tenants-in-common. | |
| Tan Quee Lan sold his half-share of the land to the then trustees of the Club. | |
| P V RM Kulandayan Chettiar became the legal co-owner of the land. | |
| Donaldson & Burkinshaw’s letter to the Club’s lawyer, M/s Philip Hoalim & Co. | |
| Oversea-Chinese Banking Corporation Limited reassigned the one-half share in the land to the then trustees of the Club. | |
| Files of the defendant at Donaldson & Burkinshaw were destroyed. | |
| Defendant died in Ipoh, Malaysia. | |
| High Court in Malaya at Malacca granted probate to the applicant. | |
| Probate re-sealed in Singapore. | |
| Commissioner of Lands, Land Office Singapore addressed a letter to the defendant and the Club seeking permission to allow the Public Works Department to carry out works on the land. | |
| Sault & Co replied on behalf of the defendant’s estate. | |
| Last payment of quit rent to the Land Office. | |
| Singapore Land Registry wrote to the plaintiffs and the defendant as registered co-owners of the land. | |
| SLR sent a conversion notice to the defendant at 8 Jalan Maharani, Muar, Johor. | |
| SLR informed the plaintiffs’ firm of solicitors that SLR had had no response from the defendant on the conversion notice. | |
| Tan Rajah & Cheah wrote to a previous solicitor of the defendant, M/s Donaldson & Burkinshaw, for information regarding the defendant. | |
| Plaintiffs lodged a caveat in the Registry of Deeds claiming an interest as adverse possessors. | |
| Ng Chek Seng stated that neither he nor any of the other trustees were aware of any contact at any time between the defendant and the Club. | |
| Plaintiffs filed this Originating Summons. | |
| Order of Court for substituted service of the Originating Summons out of jurisdiction. | |
| Advertisement was inserted in the New Straits Times. | |
| Plaintiffs obtained a default order. | |
| Singapore solicitors informed Arunachalam s/o RM KP Venkatachalam of the caveat and the default order. | |
| Ramanathan filed the subject application. | |
| Judgment reserved. |
7. Legal Issues
- Validity of default order obtained in proceedings commenced against deceased person
- Outcome: The court held that the default order was fundamentally defective and thus a nullity.
- Category: Procedural
- Claim for adverse possession by one co-owner against another co-owner
- Outcome: The court held that the plaintiffs failed to establish adverse possession against a co-owner, as they did not demonstrate ouster.
- Category: Substantive
- Sub-Issues:
- Ouster
8. Remedies Sought
- Declaration of entitlement to possession of land
9. Cause of Actions
- Adverse Possession
10. Practice Areas
- Civil Litigation
- Real Estate Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ong Cher Keong v Goh Chin Soon Ricky | High Court | No | [2001] 2 SLR 94 | Singapore | Cited regarding setting aside an order where the person obtaining the order has not complied with the requirements of the Rules of Court and the order has thus been irregularly obtained. |
| In re Amirteymour, decd | Unknown | No | [1979] 1 WLR 63 | England and Wales | Cited to support the argument that the default order was fundamentally defective and thus a nullity. |
| The Inglewood Investment Co Ltd v Baker | Unknown | No | [2003] 2 P & CR 23 | England and Wales | Cited for the elements necessary to establish adverse possession: actual possession and an intention to possess. |
| Goodtitle v Tombs | Court of King's Bench | No | (1770) 3 Wils K B 118; 95 ER 965 | England and Wales | Cited for the principle that a co-owner who is excluded can sue for ejectment and for mesne profits. |
| Doe ex dim Fishar v Prosser | Unknown | No | (1774) 1 Cowp 217; 98 ER 1052 | England and Wales | Cited regarding the presumption of ouster of possession against the defendant from the long undisturbed and quiet possession. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Registration of Deeds Act (Cap 269, 1989 Rev Ed) | Singapore |
| Land Titles Act (Cap 157, 1994 Rev Ed) | Singapore |
| Rules of Court (Cap 322, R 5, 1997 Rev Ed) | Singapore |
| Order 15 r 6A of the Rules of Court | Singapore |
| Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed) | Singapore |
| Section 73A of the Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Adverse possession
- Co-owner
- Default order
- Ouster
- Tenants-in-common
- Personal representative
- Substituted service
15.2 Keywords
- Adverse possession
- Co-owner
- Default order
- Singapore
- Land dispute
17. Areas of Law
16. Subjects
- Civil Procedure
- Land Law
- Adverse Possession