POOWATCHY UMMA et al. v. CASSIM MARICAR et al.

Present: The Hon. Mr. A. G. Lascelles, Acting Chief Justice, and
Mr. Justice Middleton.

POOWATCHY UMMA et al. v. CASSIM MARICAR et al.

D. C., Colombo, 20,468.

Direction to executors to sell property and purchase others-Failure to do so-Rights of heirs-Action against executors by creditor-Fiscal's sale-Validity-Rights of purchasers at Fiscal's sale-Prescription

K.S. by his will dated 27th June, 1888, directed his executors to sell the property in dispute, and after payment of debts, to purchase other properties which were to be divided between his children and held subject to a fidei commissum. The executors did not sell the property; and on a judgment obtained against them qua executors the property was sold by the Fiscal and purchased by A. C. in 1890, who in the same year conveyed it to the added defendant, who was then a minor. M. H. (a grandson of the said K. S.) conveyed a half share of the property to the plaintiffs on 10th April, 1902; and the said M. H. and the plaintiffs instituted an action to compel the executors to execute a conveyance in favour of M. H. Judgment having gone against the executors, a

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