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

PERERA v. ISABEL HAMY.

185-D. C. Negombo, 2,496.

Partition action-Decree for sale-Provision that a co-owner should have an option to purchase-Irregularity-Not binding on a co-owner who has not consented.

Where a decree for sale in a partition action provided that a co-owner who buys at the sale should give another the option to purchase a half share within a certain time,-

Held, that such a condition should not be embodied in the decree and that it is not binding on a co-owner, who has not consented
to it.

APPEAL from an order of the District Judge of Negombo.

Croos da Brera, for sixth defendant, appellant.

M. T. de S. Amarasekere, for plaintiff, respondent.

October 24, 1929. DRIEBERG J.-

Mr. Croos da Brera did not press the objection taken in the petition of appeal that the decree was bad as the appellant did not have notice of trial. There was no purpose in pressing this objection for there was a full inquiry into the rights of the parties, and the appellant admits that he was awarded his right share and he agrees that there should be a sale and not a partition.

His objection to the p