MENDIS v. MOHIDEEN.

D. C., Colombo. 13,506.

Spouses married in community-Joint will as to massed estate-Survivor to succeed to the whole estate and after death the estate to devolve on others- Husband dying, widow leases for a term of eight years-Death of widow before expiry of lease-Action by executor of the joint will against tenant for rent due for use and occupation-Adiation of will by survivor-Right of survivor to pass title to a bona fide purchaser.

Where two spouses who were married in community of property made a joint will granting to the survivor of them the whole estate and providing that after the death of the survivor it was to devolve on certain persons, and where the widow surviving leased a house for eight years and died when there were about five years more to run, and where the executor of the joint will sued the assignee of the lease for rent due for use and occupation,-

Held, that the plaintiff was not entitled to succeed without determination of the issue whether the assignee of the lease was a bond fide purchaser or not.

Per Bonser, C.J.-In the case of a joint will, a survivor may repudiate it after the death of the fir