Perera V. Amarasooriya

[In Review. ]

Present: The Hon. Sir Joseph T. Hutchinson, Chief Justice,
Mr. Justice Wendt, and Mr. Justice Middleton.

PERERA v. AMARASOORIYA.

D. C., Galle, 8, 250.

Ordinance of Frauds (No. 7 of 1840)-Authority to enter on land and prospect for plumbago-Interest in land-Part performance- Action ex dolo malo.

An authority to enter on land and prospect for plumbago and to work the mines found there and take away plumbago is an agreement creating an interest in land, and should be notarially attested under section 2 of Ordinance No. 7 of 1840. Where it is not so attested, no action lies for the recovery of damages for breach of such agreement.

The doctrine of part performance has not been recognized in Ceylon to the extent to which it prevails in the English Courts of Equity.

HEARING in review of the judgment of the Supreme Court dated July 1, 1908. The material facts appear in the judgments.

Bawa, for plaintiff, appellant.

Van Langenberg (with him A. St. V. Jayewardene), for defendant, respondent.

Cur. adv. vult.

March 2, 1909. Hutchinson C. J. -

This is a hearing in review. The action was for damages; the cause of action is not clearl

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