Present: Lascelles C.J. and Wood Renton

ABRAHAM v. NONNO.

Fiscal's sale-Conveyance by purchaser before obtaining a Fiscal's transfer - Subsequent Fiscal's transfer - New conveyance not necessary to pass title-Civil Procedure Code, ss. 289 and 291.

When a purchaser at a Fiscal's sale conveys before he has himself obtained a Fiscal's transfer and then subsequently obtains a transfer, the benefit of the transfer enures to the purchaser.

THE facts are set out in the judgment.

A. St. V. Jayewardene, for the added defendant, appellant-There is no material to support the finding of the District Judge that the deed in favour of the appellant was not intended to be acted on. Until the deed be set aside by a Court on the ground of fraud, the deed is valid and confers title on the appellant.

Bawa, K.C., for the plaintiff, respondent.-Even if the deed was intended to be acted on, the appellant cannot succeed. The appellant bases his title on the conveyance in his favour from Nicholas, who bought it at a Fiscal's sale. At the date of the conveyance to appellant Nicholas had not obtained a, Fiscal's conveyance. The fact that Nicholas