1926 Present: Lyall Grant J. and Maartensz A. J.

FERNANDO v. ATUKORALE.

 391-D. C. Colombo, 13,530.

Partition action-Sale of interest after interlocutory decree-Agreement to sell-Seizure in execution after final decree.

In a partition action, after interlocutory decree had been entered, a party sold " the shares of the premises which will be decreed tome in the scheme of partition " to the second defendant.

After final decree had been entered, the divided portion of the land which had been allotted to the party in question was seized in execution of a decree against him obtained by the plaintiff. The second defendant thereupon claimed the property and his claim was upheld.

Held (in an action under section 247 of the Civil Procedure Code by the plaintiff), that the deed of transfer, pending the action, did not convey any interest in the land to the second defendant and amounted only to an agreement to sell; and that the property was executable in satisfaction of the plaintiff's decree.

APPEAL from a judgment of the District Judge of Colombo. This was an action under section 247 of the Civil Procedure Code in which the plaintiff sought