[Full Bench.]

Present : The Hon. Sir Joseph T. Hutehinson, Chief Justice,
 Mr. Justice Middleton, and Mr. Justice Wood Renton.

 RATWATTE v. DULLEWE.

 D. C, Kandy, 17,701.

Vendor and vendee-Liability of vendor to put vendee in vacant possession -Delivery of deed-Insufficiency-Failure to deliver possession- Cancellation of sale-Refund of purchase money.

    Apart from any express agreement, a vendor of immovable property is bound to deliver vacant possession (i.e., possession unmolested by the claim of any other person in possession) of the property sold to the vendee; on his failure to do so, the vendee is entitled to a rescission of the sale and a refund of the purchase money.

    The vendee is not obliged, in such circumstances, to sue the party in possession before proceeding against his vendor. A vendee of immovable property is not bound to accept delivery of the deed of transfer as sufficient delivery of possession of the property; he is entitled to ask his vendor to place him in actual possession.

    Where the question is between a purchaser and a third party, the delivery of the deed of transfer is sufficient to entitle the pu