1929. Present : Fisher C.J. and Drieberg J.

KANDIAH v. KARTHIGESU.

99-D. C. Jaffna, 23,599.

Action for declaration that the signature of a deceased person is forgery- Recovery of property-Letters of administration-Civil Procedure Code, s. 647.

Where an action was instituted to have it declared that the signature of a deceased person to the discharge of a mortgage bond and the transfer of a land were forgeries,-

Held, that the action was one for the recovery of property belonging to the estate of the deceased within the meaning of section 547 of the Civil Procedure Code.

APPEAL from a judgment of the District Judge of Jaffna. The facts appear from the judgment of the Chief Justice.

H. V. Perera (with N. E. Weerasooriya, Navaratnam, and Subramaniam), for defendant, appellant.

Keuneman (with Ramachandra), for plaintiff, respondent.

November 4, 1929. FISHER C.J.-

In this case plaintiff prays for a declaration that an endorsement on a mortgage bond (P 5) and a deed of transfer (P 4) are forgeries. After hearing a very considerable body of evidence the learned Judge gave judgment in favour of the plaintiff and a decree was issued decl