Murdu N.B. Fernando, PC. J.,

This is an Appeal against the judgement of the Civil Appellate High Court of the Northern Province Holden in Jaffna (“the High Court”).

The Plaintiff-Appellant-Appellant (“the Plaintiff/ the Appellant”) instituted a pre- emptive rights application, in the District Court of Paruthithurai, also known as Point Pedro (“the District Court”) in terms of the Thesawalamai Pre-Emption Ordinance seeking inter-alia that the Plaintiff is entitled to pre-empt the share sold by the 2^nd Defendant, on Deed No. 4721 dated 21-07-1981 to the 3^rd and 4^th Defendants and to declare the said Deed as null and void.

The Defendants-Respondents-Respondents (“the Defendants/ the Respondents”) rejected the said contention and moved for dismissal of the Plaint.

The District Court dismissed the case of the Plaintiff with costs. The Plaintiff went before the High Court and the High Court too, dismissed the Plaintiff’s appeal.

Being aggrieved by the said decision the Plaintiff came before this Court. The Court granted leave to appeal on four Questions of Law raised by the Plaintiff. The fifth question was raised on behalf of the Defendants.

The said Questions of Law in verbatim are as follow