ARNOLIS PERERA

Vs.

PRIYANTHI

COURT OF APPEAL
SAMAYAWARDHENA, J.
CA/498/1996/F
DC HOMAGAMA 1490/L

Partition Law, No. 21 of 1977, section 66-Alienation pending partition

The plaintiff filed action against the defendant seeking a declaration of title to the land in suit on a partition decree, ejectment of the defendant therefrom, and damages. The defendant filed answer seeking dismissal of the plaintiff's action on the basis that, pending partition, the plaintiff had sold by way of a deed his allotment from the final partition decree and therefore the plaintiff has no title to the land. The plaintiff then took up the position that it is an invalid deed in view of section 66 of the Partition Law, No. 21 of 1977, as it was executed during the pendency of the partition case. After trial, the District Court dismissed the plaintiff's action. The plaintiff appealed to the Court of Appeal.

Held:

1. A party in a partition action can sell, pending partition, whatever the interests he might ultimately be allotted in the. final decree of partition. The sale of contingent rights pending partition is not obnoxious to section 66 of the Partition Law.

2. In such an ev