PERERA v. CASIM.

D. C, Colombo, 12,644.

Lease-Claim to possession as between a lessee under a husband and a lessee under a wife-Title of purchaser in execution, at a Fiscal's sale, of husband's and wife's interest-Agreement between purchaser and husband to annul sale and hold as tenant under husband.

P, claiming possession of a land as a lessee under Mr. K, sued C in the Court of Requests for rent, and his action was dismissed for want of proof that C was P's tenant. Thereupon P sued C in the District Court for a declaration that he (P) was entitled to possession for five years from August, 1898, as lessee under Mr. K.

Held, that C, who was a tenant under Mrs. K. was entitled to continue in possession so long as P was unable to prove a better title than C's.

Held, further, that, as C's father had bought at a Fiscal's sale all the life interest of Mr. and Mrs. K in the property in 1883, the title was in C's father and his heirs, notwithstanding that a notarial agreement had been made soon after the Fiscal's sale between Mr. K and C's father that the latter should reconvey to the former the property sold by the Fiscal and consider himself a tenant