Khan Bhai V. Perera Et Al.,

[Full Bench.]

Present: Bertram C.J., Ennis, Schneider, and Garvin JJ., and Jayewardene A.J.

KAHAN BHAI v. PERERA et al.

154-D. C. Colombo, 32,666.

Partition action-Decree for sale-How long does prohibition against alienation continue ?-Ordinance No. 10 of 1863, s. 8.

The prohibition against alienation or hypothecation of undivided shares or interests in property subject to a partition action, where the Court decrees a sale, continues until the issue of the certificate under section 8 of the Partition Ordinance, 1863.

Persons desiring to charge or dispose of their interests in a

property subject to a partition suit can only do so by expressly

charging or disposing of the interest to be ultimately allotted to them in the action.

THIS was a partition action in which a decree for partition was first entered on November 12, 1912. There was an appeal against that decree, and the appeal was dismissed on March 14, 1913. At this stage, certain parties intervened, and at the trial order was made allotting certain shares to the intervenient, and a decree was accordingly entered. There was an appeal from this decree also which was dismi

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