Mohammed Bhoy Et Al., V. Lebbe Maricar Et Al.,

Present: Lascelles C.J. and De Sampayo A.J.

MOHAMMED BHOY et al. v. LEBBE MARICAR et al.

71-D. C. Colombo, 24,875.

Sale in execution of the rights of the fidei commissaries during the lifetime of the fiduciarius?Civil Procedure Code, s. 218 (k)?Sale by a person who has no title?Subsequent acquisition of title by the vendor?Exceptio rei venditæ.

The interests of a fidei commissarius cannot be sold in execution during the lifetime of the fiduciarius, as it is a contingent interest within the meaning of section 218 (k) of the Civil Procedure Code.

Where the interests of a fidei commissarius are sold in execution by the Fiscal during the lifetime of the fiduciarius, the purchaser at the Fiscal's sale does not get any title even on the death of the fiduciarius.

Where a vendor had no title at the time of the sale, but after wards acquires title, the purchasers title is not confirmed from the time that the vendor so acquires title; without a further deed from the vendor after he had acquired title, the purchaser has no right.

The plea of exceptio rei venditæ which a vendee is entitled to set up against his vendor is not av

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