1927 Present: Grant J. and Maartensz A.J.

NONA v. MANUEL et al.

63-D. C. (Inty.) Galle, 24,101.

Married Women's Property Ordinance-Action for declaration of title to land-Married after the Ordinance-Land bought before-Ordinance No. 18 of 1923, ss. 4 and 5.

A woman married before July 1, 1924, the date at which the Married Women's Property Ordinance, No. 18 of 1923, came into operation, sued for a declaration of title to a land bought by her before July 1, 1924,

Held that she was entitled to maintain the action without joining her husband.

PLAINTIFF, a woman married before the Married Women's Property Ordinance, 1923, came into operation, sued the defendants without the assistance of her husband for declaration of title to a land to which she claimed title under a deed executed in her favour on June 11, 1924. The cause of action alleged was an ouster by the defendants in August, 1925. The defendants took the objection that the action was not properly constituted as the plaintiff's husband had not been made a party. The learned District Judge upheld the objection and dismissed the plaintiff's action.

Weeraratne, for appellant.-Section