GUNATILAKE v. SILVA.

Alleged heirs in possession-Action for declaration of title-Want of administration to the estate of the intestate-Civil Procedure Code, s. 547- Ordinance No. 15 of 1876.

An ' intestate having died before the passing of the Civil Procedure Code, his estate remained unadministered for several years, being in the hands of a lessee under a lease granted by the intestate shortly before his death. On the expiry of the lease a dispute arose between the brothers and sisters of the intestate, on the one hand, and the vendees of certain of his illegitimate children, on the other band.

Held, that, as the estate was of greater value than Rs. 1,000, no action was maintainable for the recovery of the property without letters of administration being taken out to the estate of the intestate.

Per LAWRIE, J. -At the date of the institution of this action, the land was still in bones defuncti. It did not pass into the peaceful possession of the heirs. Section 547 of the Civil Procedure Code applies to such a case.

I reserve my opinion on the question whether this section applies to a case where the heirs designated by t