KULANTHAVELU v. KANDERPERUMAL et al.

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

KULANTHAVELU v. KANDERPERUMAL et al.

D. C., Batticaloa, 2,559.

Claim by administrator for mesne profits-Prescription-Grant of letters- Relation back of title of administrator-Collation-Division of inheritance-Statute 8 and i Will. IV., c. 27-Ordinance No. 22 of 1871.

Held, that an administrator is entitled to sue for rents and profits of the estate taken by a third party before grant of letters of administration to him; and that such action is prescribed in three years from the date of the grant of administration.

Held, also, that section 6 of 3 and 4 Will. IV., c. 27, is not law in Ceylon

LASCELLES A.C.J.-It is well settled that for certain purposes the title of the administrator relates back to the death of the intestate, so as to enable him to maintain actions such as trespass or trover in respect of goods of the intestate taken before the grant of letters.

MIDDLETON J.-No right of action accrues to an administrator till he has taken out letters of administration, and the Statute of Limitation only begins to run against him from t

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