1917 Present: Ennis J. and De Sampayo J.

APPUHAMY v. SAMARANAYAKE.

24-D. C. Negombo, 11,544.

Plaintiff's interest not disclosed by parties to a partition action-Action for damages against parties to partition action by plaintiff.

A person claiming to be the owner of a piece of land which had been partitioned by others in a proceeding under Ordinance No. 11 of 1863 cannot claim damages under section 9 of the Ordinance from the parties to the partition action if they acted bona fide and in ignorance of the rights of the plaintiff.

If any owner or co-owner is aware of the pendency of the partition action and abstains from coming forward he cannot afterwards claim damages.

THE plaintiffs in this case alleged that they were the owners of a land Moragahakumbura, and that the defendants had fraudulently represented to the District Court that they (defendants) were the absolute owners of the land, and had obtained a partition ' decree in D. C. Colombo, 9,434; the plaintiffs claimed from the defendants damages (Rs. 600). The District Judge dismissed plaintiffs' action. They appealed.

Samerawickreme (with him W. H. Perera), for plaintiff,