1916.Present: Ennis J. and Schneider A.J.

HAMIDU v. KIRIHAMY et al

67-D. C. (Inty.) Kurunegala, 4,971.

Sale in execution-Subsection reversal of decree.

A sale having duly taken place in execution of a decree valid at the time cannot afterwards be set aside as against a bona fide purchaser not a party to the decree, on the ground that the decree had been, subsequently to the sale, reversed.

UNDER a decree of the Court of Requests of Colombo the land in claim, which is situate within the jurisdiction of the District Court of Kurunegala, was seized upon writ and sold by the Fiscal and purchased by Kiri Banda, a person other than the execution-creditor. sale was confirmed and a Fiscal's transfer issued to the purchaser, who thereafter sold it to the plaintiff.

Two years after these transactions the decree of the Court of Requests, Colombo, was reversed for want of territorial jurisdiction. The defendants-appellants pleaded that the Fiscal's sale passed no title to the purchaser, inasmuch as the decree on which the sale was held was set aside.

The parties went to trial on the following issues: -

(1) Are the rights acquired by the