Siwanadian Chetty V. Talawasingham

1927  Present: Schneider, Garvin, and Dalton JJ.

SIWANADIAN CHETTY v. TALAWASINGHAM. 

110-D. C. Chilaw, 7,176.

Partition-Notice by Commissioner-Thirty days-Notice to public-Imperative requirement-Ordinance No. 10 of 1863, ss. 5 and 9.

In a partition action the notice given by the Commissioner of the proposed partition, in terms of the proviso to section 5 of the Ordinance must be a notice to the public.

The requirement that thirty days' notice of the proposed partition should be given to the public is imperative, and failure to comply these with deprives a partition decree of its conclusive character.

CASE referred to a bench of three Judges on the question whether in a partition action the notice given by a Commissioner of the proposed partition, in terms of the proviso to section 5 of the Partition Ordinance, must be a notice to the public and whether the failure to give thirty days' notice to the public would deprive a partition decree of its conclusive character.

E. W. Jayewardene, K. C. (with him Bartholomeusz, Peri Sundaram, and E. V. B. Samarawickreme), for appellant.-There are two very recent decisions of this Court

Click Here to Read the rest of this document