Present : De Sampayo J. and Dias A.J.    1920

WEERAMAN v. DE SILVA.

398-D. C. Matara, 8,606.

Trust-Execution-creditor . buying property through another-Civil Procedure Code, ss. 272 and 282-Partition action-Does decree wipe out trust ?

The plaintiff, an execution-creditor, obtained an order of Court to bid for property at the execution sale. But with a view to purchasing the property at a price less than the appraised value, which was the limit placed as a condition in the order issued to him, he purchased the property through the defendant. The sale was confirmed in due course, and Fiscal's transfer was issued to defendant.

Held, that the plaintiff was entitled to sue the defendant to enforce the trust.

A land, a share of which was bought by the defendant in trust for the plaintiff became the subject of a partition action, was sold under the partition decree, and a sum of money was in Court representing-the share in question. The plaintiff was declared entitled to it. The partition decree had not the effect of wiping out the trust.

THE facts are set out in the judgment of the Acting District Judge (G. P. Keuneman, Esq.):-

The defendan