Raki Et Al. V. Casie Lebbe Et Al.,

Present: Middleton J. and Wood Renton J.   Aug.4,1911

RAKI et al. v. CASIE LEBBE et al.

225-D. C. Kandy, 20,358.

Fiscal's sale-Action for declaration of title by owner against purchaser and debtor-Plaintiff has a cause of action even through his physical possession was not disturbed.

The first defendant on a writ, against the second defendant caused the Fiscal to seize and sell the land in dispute as a land belonging to the second defendant, and bought it himself. The plaintiff claiming the land as his, brought the present action for declaration of title against the two defendants.

Held, that plaintiff had a cause of action against the defendants even though his physical possession was not disturbed, and though the first defendant had not obtained a Fiscal's transfer.

THE facts appear from the judgment.

Bawa, for appellants.

Allan Drieberg, for respondents.

Cur. adv. vult.

August 4, 1911. Middleton J.-

In this case the first defendant, as judgment-creditor of the second defendant, seized and sold in execution certain lands as the property of the second defendant, which the plaintiffs now seek to vindicate in this action.

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