CATHERINAHAMI et al. v. BABAHAMY et al.

Present: The Hon. Sir Joseph T. Hutchinson, Chief Justice,

and Mr.Justice Middleton.

 

CATHERINAHAMI et al. v. BABAHAMY et al.

 

SIMON DE SILVA et al., Added Defendants, Appellants.

 

D.C., Galle. 8,085.

 

Partition suit-Interlocutory decree-Decree allotting shares-Final decree -Conclusiveness-Order for sale-Certificate of sale-Partition Ordinance {No. 10 of 1863), ss. 4, 6, and 9.
 

The decree in a partition suit which is conclusive under section 9 of the Partition Ordinance (No. 10 of 1863) is the final decree allotting the shares in severalty, and in the case of a sale, where a sale is ordered in lieu of a partition, it is the confirmation and completion of the sale by the issue of the certificate of Court under section 8 of the Ordinance.

    Assena Marikar v. Usuba Lebbe 1 and Edo et al. v. S. L. Markar Uduma Lebbe Markar et al.2 disapproved and not followed.
 

    Judgment of Lawrie J. in 450 C. R. Matara, 622,3 approved and followed.

 

THIS was a partition suit. On June 14, 1907, a Commissioner was appointed to partition the land, the commission being made returnable on July 16, 1907. On June 26

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