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SILVA v. MOHAMADU


Silva V. Mohamadu

1916  Present: Ennis J. and De Sampayo J.

SILVA v. MOHAMADU.

405-D. C. Kegalla, 4,161.

Sale by minor is voidable and not void-Ratification-Emancipation of minor by trade after death of parents.

A minor may emancipate himself by trade even after the death of his parents.

A sale of land by a minor is not void, but only voidable at his instance.

An action by a person to have a deed of sale executed by him during his minority set aside should be brought within three years of his attaining the age of majority.

A sale of land by a person after attaining majority, without having got a previous deed executed by him during his minority in favour of another set aside, passes no title to the purchaser.

THE facts are set out in the judgment.

E. W. Jayawardene (with him Samarawickreme and Cooray), for appellant.

Bawa, K.C. (with him A. St. V. Jayawardene), for respondents.

Cur. adv. vult.

December 15, 1916. ENNIS J.-

In this action the plaintiff sued to be declared entitled to certain shares in certain lands, for the ejectment of the defendant, and for quiet possession.

The facts are as follows:-The lands originally belonged to Don  Carolis and bi






























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