[Full Bench. ]

Present: Pereira J., Ennis J., and De Sampayo A. J.

SILVA v. SOYSA et al.

146-D. C. Colombo, 32, 015.

Partition-Land sold under Ordinance-Subject to existing leases.

Per Pereira J. and Ennis J. (De Sampayo A. J. dissentiente). - The word " incumbrance " in section 8 of the Partition Ordinance (No. 10 of 1868) includes a lease, and so, where a and is sold under the Ordinance, the sale is subject to existing leases, and a lessee has no right to claim the proceeds.

THE facts appear from the judgment.

Grenier, K. C. (with him Koch and Balasingham), for the appellant. -The appellant is entitled to claim a portion of the proceeds of sale. A lessee had no right to intervene in the case.

Section 13 of the Partition Ordinance expressly conserves the rights of lessees in the event of a sale. The lessee could not know whether the land was to be partitioned or sold,

The lease is an incumbrance within the meaning of section 8 of the Ordinance. [Pereira J. -In any event your appeal cannot succeed. If the lease is an incumbrance, your rights are not affected by the sale, ] If we were wrong in having applied to the District Court, let us