Gooneratne V. Bishop Of Colombo

1931 Present : Lyall Grant J. and Maartensz A.J.

GOONERATNE v. BISHOP OF COLOMBO.

135-D. C. Matara, 4,918.

Partition-Decree entered without investigation of plaintiff's title-Not conclusive -Property subject to fidei commissum-- Devise under last will-Probate not registered-Deed of partition among heirs unregistered-Absolute sale by transferee-Adverse interest-Registration- Ordinance No. 10 of 1863, s. 9.

By their last will, probate of which was not registered, husband and wife devised all their immovable property to their six children subject to a fidei commissum in favour of their children, After the death of the parents, the children by "an indenture, also unregistered, conveyed to each other entire lands in lieu of the undivided shares given them, subject to the terms of the will. The property in dispute fell to the shares of two sons, W and D.

In a partition action instituted by W against D, a decree was entered, without any investigation of the title of the parties, declaring each of them absolutely entitled to a half share of the land. The property was sold under the decree and brought by W, who sold it to the defendan

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