1926 Present: Schneider, Garvin, and Lyall Grant JJ.

FERNANDO et al v. CADIRAVELU.

143-D. C. (Inty.) Colombo, 786.

Partition-Sale of property-Order for delivery of possession-Right of purchaser-Power of Court-Civil Procedure Code, ss. 287, 839.

Per Schneider and Garvin J J. (LYALL, GRANT J. dissentiente).- A court has no power to make an order for delivery of possession in favour of a person to whom property has been sold in pursuance  of a decree for sale, entered under the Partition Ordinance.

CASE referred to a Bench of three Judges on the point whether  a purchaser of property sold in pursuance of a decree for its sale entered under section 4 of the Partition Ordinance is entitled to an order for the delivery of the possession of the property from the Court.

H. V. Perera, for 2nd and 3rd defendants, appellants.

Hayley (with Ameresekere), for purchaser, respondent.

June 8, 1927. SCHNEIDER J.-

The only question for decision in this appeal is whether the purchaser of property sold in execution of a decree for its sale .entered under section 4 of the Ordinance No. 10 of 1863 for the .partition or sale of lands held in common is entit