Sinnatamby V. Johnpulle Et Al.,

Present   : Wood Renton C.J. and Ennis J.   1915.

SINNATAMBY v. JOHNPULLE et al.

72 and 73-D. C. Colombo, 37,092.

Principal and agent-Agent granting a lease' in excess of authority-Ratification-Estoppel.

Where an agent, purporting to act on behalf of his principal, exceeded his powers in granting a lease of land-

Held, that the principal was in law capable of ratifying the lease. and that a notarial instrument was not necessary to prove the ratification.

A principal can ratify the unauthorized act of an agent only when he is fully aware of its nature.

THE facts are set out in the judgment of the Supreme Court dated June 19, 1914 (see 18 N. L. R. 245), on the first appeal.

The case was sent back by the Supreme Court for further inquiry and adjudication upon the issue, namely, whether the defendants were estopped by their conduct from denying the validity of that agreement. The learned District Judge answered this question against the first defendant and in favour of the second defendant. The plaintiff appealed (No. 72) against the dismissal of his case against the second defendant, and the first defendant appealed (No. 73)

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