Bastian V. Andris Et Al.,

[Full Bench.]

Present: Lascelles C.J., Middleton J., and Grenier J.   Sept.5,1911

BASTIAN v. ANDRIS et al.

117-D. C. Matara, 4,873.

Conveyance by the Fiscal in favour of a purchaser after his death-No title passed-Civil Procedure Code, ss. 286 and 289.

A Fiscal's transfer in the name of a purchaser after his death parses no title. In such a case the proper course is for the representative of the deceased purchaser to apply to the Court for an order directing the Fiscal to make out the conveyance in his favour.

THE facts appear sufficiently from the judgment.

This case was reserved for a Full Bench by Lascelles C.J. and Middleton J.

H. A. Jayewardene (with him Rosairo), for the eighth defendant appellant.-A Fiscal's conveyance in favour of a deceased person is good, as the conveyance relates back to the date of sale. The principles that apply to private sales are not applicable to sales, by the Fiscal. A private conveyance in favour of a dead person is invalid, but a Fiscal's conveyance is valid. Under section 286 of the Civil Procedure Code the Fiscal has no power to execute a conveyance in favour of any one but the purchaser.

If th

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