Guruhamy V. Subaseris Et Al.,

Present : Mr. Justice Wood Renton and Mr. Justice Grenier.

GURUHAMY v. SUBASERIS et al.

D.C. Kurunegala, 3,450.

Sale by a person without title-Vendor subsequently obtaining title-Action by vendor against vendee in ejectment--Exceptio rei venditee

A obtained a conveyance for a land from a person who had no title and sold it to B. After the sale to B, A bought the land from the real owner, and sued B for declaration of title and ejectment.

Held, that B had an equitable claim as against A to have the title conferred upon him upheld.

APPEAL from a judgment of the District Judge of Kurunegala (C. S. Vaughan, Esq.). The facts are fully set out in the judgment of Wood Renton J.

Bawa, for the appellant.-Elmali acquired no title by virtue of the conveyance in favour of her minor daughter Ukkuwa (Ammal v. Kangany [1 (1910) 13 N. L. R. 65. ]). Consequently Elmali's conveyance to Rajabu and Rajabu's conveyance (1889) to appellant and second defendant did not pass any title to the land to the grantees. The conveyance by appellant to third defendant (1896) was also invalid for the same reason. The appellant had subsequently acquired a val

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