Madar Saibo Et Al V. Sirajudeen Et Al

Present: Pereira J. and Ennis J.

MADAR SAIBO et al. v. SIRAJUDEEN et al.

203 and 204-D. C. Kandy, 21, 521.

Purchase of land by a partner-Is it property of partnership! -Joinder of plaintiffs-Action in respect of separate lands to which each is separately entitled-Civil Procedure Code, s. 17-Fraudulent deed valid until set aside.

Pereira J. -In Ceylon, land bought by a partner of a firm in his own name out of the assets of the partnership is not deemed the property of the partnership, but it is the property of the partner in whose favour the conveyance is executed.

Joinder by two persona in one action of claims in respect of separate lands to which each is separately entitled is obnoxious to section 17 of the Civil Procedure Code, but the irregularity may be waived by the defendant.

A fraudulent deed, unlike a deed executed by a person not competent in law to enter into contracts, is, under the Roman-Dutch law, valid until it is set aside or cancelled, and when it is cancelled, the cancellation refers back to the date of the deed.

THE facts appear from the judgments.

E. W. Jayewardene, for first defendant, appellant.

H. J.

Click Here to Read the rest of this document