HENDRICK APPU v. SIRIWARDANE.

HENDRICK APPU v. SIRIWARDANE.

D. C., Galle, 6,211.

Sale of immovable property by administrator-Want of special authority from Court to sell-Improper conditions of sale-Liability of administrator to convey property sold-Action by purchaser for conveyance-Jurisdiction of Court to entertain suit-Duty of purchaser.

An order of court to sell the immovable property of a deceased person in order to pay his debts is not a proper order to make, in accordance with the letters of administration.

What the law requires is that there should be before the- judge materials to show that a sale i,s necessary, and that the judge upon those materials should give leave to sell a certain specified, portion of the immovable property as may be in his opinion sufficient for the purpose.

In the case of a sale authorized by Court, it is an improper contract in the conditions of the sale to make the purchase money payable to the anctioneer.

Nor is it legal, when the purchase money has not reached the hands of the administratrix, to order her to convey the land to the purchaser.

Where an administratrix, appointed by the. District Court of Colombo, obtained th

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