Present : Ennis and Porter JJ.

NANDUWA et al. v. BHAI et al.

415-D. C. Kandy, 28,568.

Estoppel-Person present at Fiscal s sale and not making known his title to purchasers-Intentional^-Evidence Ordinance, s. 115,

H sold a certain property to W on January 20, 1919 (registered on January 21, 1919). On a writ of execution against H, the property was seized on January 21,1919, and sold by the Fiscal on March 17, 1919. On hearing of the sale W wrote a letter to the Fiscal stating his title, and on the date of the sale W went to the sale with his deeds and presented them to the auctioneer. W was present at the sale, but did not make his title known to the purchasers.

Held, W was not estopped by his conduct from asserting his title.

IN this case the subject of contention was the title to seven--eighths of the land called Bogahapitiyawatta with the houses thereon. It was common ground that seven-eighths of this garden belonged to Abdul Hameed and Abdul Majeed, the remaining one-eighth being the property of their mother, who was not a party to this action. The plaintiff's case was that Abdul Hameed and Abdul Majeed, by their deed bear