Vyramuttu Et Al. V. Periyatamby Et Al.,

Present: Akbar J.

VYRAMUTTU et al. v. PERIYATAMBY et al.

327-C. R. Point Pedro, 23,270.

    Thesawalamai-Right of pre-emption-Failure to claim right in partition action-Res judicata.

Where in a partition action a party fails to claim' a right of pre-emption to which he is entitled with respect to a share of the land,-

Held, that the right of pre-emption was not barred by the decree in the partition action.

THE plaintiffs, who are co-owners of a land, brought this action for pre-empting under the law of Thesawalamai the undivided share which one Walliamma sold to the first defendant-respondent on a deed of 1924. Walliamma had sold the same share in 1918 to the plaintiff's predecessor in title, namely, Sivasidamparam, her brother, by an unregistered deed. The first defendant respondent by registering his deed obtained priority over Sivasidamparam's deed. In D. C. Jaffna, 20,024, Sivasidamparam together with the other plaintiffs brought a partition action with respect to the land, in which the first defendant claimed title to his share for the first time. The plaintiffs unsuccessfully attacked the deed on several gro

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