SUMANGALA THERO v. CALEDONIAN TEA AND RUBBER ESTATES CO. LTD.
1931 Present: Lyall Grant
and Drieberg JJ.
SUMANGALA THERO v. CALEDONIAN TEA AND
RUBBER ESTATES CO., LTD.
12-(Inty.) D. C. Kandy, 36,064.
Registration-Deed of lease-Agreement to renew lease-Notice-Trusts Ordinance, No.
9 of 1917, s. 93.
Where a person acquires property with respect to which there is
an existing lease, which has been registered, and where the deed of
lease contained a provision for the renewal of the lease for a further
term,-
Held, that the registration of the deed constituted sufficient notice to the
purchaser of the agreement for renewal.
THIS
was an action for declaration of title to a half-share of laud called
Nitulmulahena.
One Dingiri Banda, by lease D1 of 1894, leased, for 30 years, the land in
dispute in this case (inter alia) to one Dickinson, whose rights ultimately
devolved by various assignments on the defendant company.
By D1 Dingiri Banda undertook to grant, at the expiration of the term, a renewal
of the lease for the same term or to sell the leased lands to the lessee on the
expiration of the lease, or on the lessor's minor son Tikiri Banda attaining
majority.
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