Present: Mr. Justice Wendt, Mr. Justice Middleton, and Mr. Justice
Wood Renton.

PEIRIS v. PEIRIS et al.

D. C., Kalutara, 3,215.

Partition suit-Adding of lessees as parties-Appraisement of lessees' interest-Payment in money-Ordinance No. 10 of 1863, sections 8, 9, 12, and 13.

Held, that the Court has power to add as parties to a partition suit persons holding leases from some, of the co-owners of their undivided shares.

Held, also, that it is competent for the Court, where it decrees a sale under the Partition Ordinance, to order the interests of such lessees to be appraised separately and the amount deducted from the proceeds of sale.

THIS was a partition suit. The plaintiff claimed an undivided one-sixth share of the land and allotted to the defendants the remaining five-sixths. Prior to the institution of the suit, the defendants had leased their mining rights in the land to the added defendants for a term of five years. The lessees filed a statement of claim setting forth their interest in the land. The District Judge (C. R. Cumberland, Esq.,) added the lessees as defendants in the action, and, as the land was to be sold under t