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

WIJEMANNE v. SCHOKMAN et al.

34 and 35, D. C., Kalutara, 3,687.

Grown grant with a prohibition against alienation without written consent of Government - Restriction does not apply to Fiscal's sale - Purchaser at Fiscal's sale takes land subject to the condition as to inalienability-Estoppel.

X obtained a Crown grant for the land in dispute in 1835, subject-to the following conditions:-

(1) That if at any time hereafter it shall happen and be made-apparent, according to the opinion of a majority of nine competent persons to be assembled by the Government Agent for the purpose- of inspecting the same, that the said land has been for one year neglected and uncultivated, then, and in such case, this grant shall be utterly void and of none effect.

(2) That X, or his heirs, executors, &c, shall not alienate ox assign the said land without the consent of the Government in writing for that purpose, until the whole shall have been brought into a competent state of cultivation.

Under a writ issued against X the land was purchased by in-1881; Y sold it to Z in 1890.

In 1898 an as