Wirawardane Et Al. V. Ratnaike

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

WIRAWARDANE et al. v. RATNAIKE.

44-D. C. Colombo, 53,707.

Vendor and purchaser-Warrant and defend-Partition action-Notice by vendee to vendor-Action for damages for failure to warrant and defend-Defence that vendor cannot intervene in partition action- Object of notice.

The defendant sold a land to the plaintiff. Subsequently third parties instituted an action for the partition of a portion of the land. The plaintiff intervened, and gave notice to warrant and defend to the defendant. The defendant gave evidence for the plaintiff; plaintiff's claim was rejected. Subsequently, plaintiff instituted this action against defendant for damages for failure to warrant and defend title. The defendant resisted the claim on the ground that he was not at liberty to intervene in the action, as a partition action could be among co-owners only, and that, therefore, he was not liable under the Roman-Dutch law for eviction.

Held, that the defence was bad. There was nothing in the Partition Ordinance to prevent the vendor from intervening in the partition action.

The object of a notice to the ve

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