PONNAMMA v. ARUMOGAM.

[PRIVY COUNCIL.]

PONNAMMA v. ARUMOGAM.

On Appeal from the Supreme Court of Ceylon. 

Action for partition-Death of intestate before the passing of the Civil Procedure Code-Necessity for administration-Re-distribution of estate-Civil Procedure Code, s. 547-Ordinance No. 12 of 1904, ss. 2, 3.

In a suit brought in 1898 for partition, or alternatively for a sale of certain parts of an intestate estate, it appeared that the intestate had died in 1884; that no letters of administration had been taken out; that the widow and son had made a division of the immovable estate between themselves and the other heirs, and executed certain notarial deeds of gift for the purpose of effecting such division, and various dealings with their respective shares had been made by the grantees,-

Held, that the suit, which was one for the recovery of property within the meaning of section 547 of the Civil Procedure Code, was not maintainable without administration to the intestate's estate.

Fernando v. Fernando (4 N. L. R. 201) and Guneratne v. Hamine (7 N. L. R. 299) approved.

No partition could be effected by the Court without a complete administration o

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