TILLAINATHAN et al. v. RAMASAMY CHETTY et al.

TILLAINATHAN et al. v. RAMASAMY CHETTY et al.

D. C., Jaffna, 1,684.

Tesavalamai of Jaffna-Right of pre-emption-Adjacent landowner-Mortgagee.

It is questionable whether under the Tesavalamai of Jaffna an adjacent landowner, who is not a mortgagee of the land in respect of which the right of pre-emption is dunned, can claim that right.

Where a husband, who was not himself an adjacent owner, associated himself with his wife and mother-in-law, who were owners of adjacent lands, as plaintiffs in an action for pre-emption, and sought to exercise the right of purchase, though his wife had never claimed to exercise it herself,-

Held, that the action, though brought in the name of the husband, wife and mother-in-law, was in fact the husband's action only, and that ho was not competent to maintain it.

THE first plaintiff in this case was the husband of the second plaintiff and the son-in-law of the third plaintiff, and they sued the two defendants as vendor and vendee of a property situated in Jaffna, which the plaintiffs alleged should have been sold to them by the defendant in preference to the second defendant.

The right

Click Here to Read the rest of this document