Feron V. Ismail Lebbe Marikar

Present : Fisher C.J. and Drieberg J. 1930

FERON v. ISMAIL LEBBE MARIKAR et al.

17-D. C. Galle, 25,033.

Partition-Sale of property-Valuation by Commissioner-Notice of sale-Sanction of Court-Ordinance No. 10 of 1868, s. 8.

Where a sale has been ordered under the Partition Ordinance, the Commissioner is bound to make a valuation of the property before notice of sale is given.

The form and contents and the mode of giving notice must be sanctioned by Court.

A sale may be set aside where the Commissioner has not followed the directions of the Court.

APPEAL from an order of the District Judge of Galle.

Weerasooria, for first defendant, appellant.

H. V. Perera, for purchaser, respondent.

March 25, 1930. FISHER C.J.-

In this case an action was brought for partition of a property Feron v which the learned Judge has found to be worth Rs. 3,000. In the
result there was a decree ,for sale, and the property was sold for Rs. 250. An application was made to the Court by the appellant to set aside the sale which the learned Judge dismissed with regret. The question for our consideration is whether the provisions of section 8 of the Partitio

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