Present: Jayewardene A.J. and Akbar A.J.

WIMALASURENDRA v. DIAS.

122,122A-D. C. Galle, 21,775.

    Administrator-Sale of property with leave of Court-Warranty-Liability of administrator.

Where property was sold by the defendant as administrator of an estate, with leave of Court and on conditions of sale approved by Court, and where after the sale was confirmed, the defendant executed a deed in favour of the plaintiff containing an express clause by which he covenanted to warrant and defend title, although the conditions of sale had no reference to such a covenant.

Held, that the estate was not bound by the act of the defendant and that the defendant was personally liable on the covenant.

PLAINTIFF was the purchaser of a land belonging to the estate of one Peter Weerawickrama Gunawardene, which was sold by the defendant, as administrator with the leave of Court and on conditions of sale approved by Court. The conditions of sale as approved by Court contained no reference to a special covenant to warrant and defend, but the administrator after the sale was confirmed executed a deed containing the warranty clause. Plaintiff, being u