Present   : Ennis J. and De Sampayo J.   1915.

FERNANDO v. KURERA et al.

337-D.C. Negombo, 10,348.

Estoppel-Lessee present at Fiscal's sale-Not disclosing hit lease to bidden-Is he estopped from asserting hit lease as against purchaser ?

Defendant, a lessee, was present at a Fiscal's sale held under a writ issued against his lessor, and did not announce the fact of his haying a lease. The lease was duly registered. The purchaser at the Fiscal's sale was aware of the possession of the defendant under the lease.

Held, that the defendant was not estopped from asserting his lease as against the purchaser at the Fiscal's sale.
THE facts are stated in the judgment of De Sampayo J.

A. St. V. Jayewardene, for the plaintiff, appellant.-The defendants are estopped from claiming any benefit under the lease, as they were present at the Fiscal's sale and failed to notify then and there to the intending purchaser the existence of the lease. (See Kartikesar v. Kandiya1[5 Bal. 103.] and Caruppen Chetty v. Wijesinghe.2[(1910) 14 N. L. R. 152.]) [DE SAMPAYO J.- There was no obligation on the part of the defendants to state their claim, because the