ANNAMALAI PILLAI v. PERERA. Suppramanian Chetty, Added Party

ANNAMALAI PILLAI v. PERERA.

Suppramanian Chetty, Added Party, Appellant.

D. C, Negombo, 4,072.

Partition Ordinance, No. 10 of 1863, s. 17-Alienation of land during pendency of proceedings for partition.

E P having instituted a partition suit in the District Court of Colombo in respect of several lands, her share of one of the lands sought to be partitioned was seized on a writ of execution against her and sold on. 23rd July, 1898, to M S, who sold it to A P on 11th September, 1899. On 29th October, 1899, the District Judge of Colombo ordered that the land in question should be struck out of the partition suit, which was still pending. E P then sold to S C on 8th January, 1901, the half share which had been previously sold by the Fiscal to M S.

In an action for partition of this land brought in the District Court of Negombo by A P, who claimed to be the owner of one-half thereof under M S,-

Held, per Moncreiff, A.C.J., and Middleton, J. (Wandt, J., dissenting), that the Fiscal's transfer to M S and M S's transfer to A P were not only void quoad the partition suit raised in the District Court of Colombo,

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