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GUNARATNE v. PERERA HAMINE


GUNARATNE v. PERERA HAMINE.

GUNARATNE v. PERERA HAMINE.

D. C. Kurunegala, 1,828.

Administration-Civil Procedure Code, s. 647-Title to land through deceased intestate-Duty of court to direct administration to be taken before suit proceeds further.

Whenever it appears, in the course of a case which a Court is trying, that administration to the estate of a deceased person, through whom the parties claim title, is necessary, it is the duty of the Court to see that the provisions of section 547 are complied with before the litigation proceeds any further.

The inconvenience and difficulty of insisting upon the administration of old estates are obviated by the enactment of the Prescription Ordinance, which enables a person who has had over ten years' possession to protect himself by means of the provisions of section 3.

ACTION for declaration of title to certain land and for ejectment of the first defendant therefrom.

It was alleged that the plaintiff obtained judgment against the second defendant upon a deed of sale signed by him in favour of

the plaintiff, and that when the plaintiff look out a writ of possession the first defendant, who was the wife of the second d

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