Hall V. Pelmadulla Valley Tea And Rubber Co., Ltd.,

1927 Present: Fisher C. J. and Garvin J.

HALL v. PELMADULLA VALLEY TEA AND RUBBER CO., LTD., et al.

326-D. C. Ratnapura, 4,107.

Contract-Agreement to transfer land-Registration-Sale to plaintiff- Notice-Tenses Ordinance, No. 9 of 1917, s. 93.

By a notarial contract, the added defendant, after reciting that lie had agreed to sell 1,000 acres of land to the defendant company, bound himself to give effect to that agreement and to deduct a good and valid title.

In pursuance of the agreement the company was placed in possession of certain blocks of land which form the subject- matter of the present action.

The plaintiff, with notice of the said agreement  purchased  the land and sought to eject the company therefrom.

Held, that the contract was an existing enforceable contract within the meaning of section 93 of the Trusts Ordinance and that the plaintiff was bound to hold the property for the benefit of the company to the extent necessary to give effect to the contract.

The proviso to section 93 of the Trusts Ordinance does not prevent the application of the section to contracts affecting immovable property, w

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