Fernando Et Al V. Fernando Et Al.

Present: Lascelles A.C.J. and Grenier J.   April.10,1911

FERNANDO et al v. FERNANDO et al.

79-D. C. Negombo, 8,152.

Estoppel-Co-owner standing by and permitting a co-owner to lease the whole land..

The plaintiffs who were entitled to three-fourths share of a land, not knowing that they were so entitled, stood by when the third defendant, who was entitled to only one-fourth of the land, executed two successive leases in favour of the first and second defendants, in which he dealt with the whole land.

In an action brought by the plaintiffs to vindicate their title against the defendants, held that they were not estopped from setting up their title.

Lascelles A.C.J.-It is essential, in order to create an estoppel by acquiescence, to show that the plaintiffs, knowing that a violation of their rights was in progress, stood by and so misled the first and second defendants.

THE facts appear sufficiently from the head note.

H. A. Jayewardene, for the plaintiffs, appellants.-The District Judge finds that the plaintiffs did not know that they were owners of three-fourths share at the time the third defendant leased the land to the other

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