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

APPUHAMY v. SILVA.

244-D. C. Kalutara, 5,853.

Power of administrator to sell land-Civil Procedure Code, ss. 539 and 540.

An administrator is entitled to sell landed property of an intestate when the letters of administration contain no limitation of hit powers as to such sales.

THE facts are set out in the judgment.

A. St. V. Jayewardene (with him Mahadeva), for appellant.

Bawa, K.C. (with him Drieberg and Samarawickreme), for respondent.

September 14, 1916. ENNIS J.-

The only point for determination in this appeal is whether an administrator is entitled to sell the landed property of an intestate when the letters of administration contain no such limitation of his powers.

In this case letters of administration to the estates (of father and son) were granted on the printed form, in which the clause " you are nevertheless hereby prohibited from selling any movable property of the estate unless you shall be specially authorized by the Court to do so " has been struck out. In one case this deletion has been initialled by the learned Judge (the initialling is dated 12-7-94, i.e., July, not Septem