Dingiri Amma V. Mudiyanse Et Al.,

1931 Present: Akbar J.

DINGIRI AMMA v. MUDIYANSE et al.

115-C. R. Matale, 521.

Sale-Deed of transfer with stipulation of good title-Action for failure to warrant and defend and for breach of covenant-(audition of notice and eviction-Roman Dutch law.

Where a deed of transfer contained an express covenant that the vendor had " legal right to dispose of the land," the express warranty of title may be enforced . without the preliminary condition of notice and eviction.

IN this action the plaintiff sued the defendants for the recovery of half the purchase money and damages consequent on failure of the defendants to warrant and defend title conveyed by their father,
Ranhamy.

Ranhamy sold the entirety of the northern 12 lahas paddy sowing of Kanatiangekumbura on deed No. 442 of September 21, 1921, to plaintiff. Ranhamy expressly covenanted that he had good and lawful title to the premises. In 1928, plaintiff was ousted from the eastern 6 lahas by the heirs-at-law of Punchirala, brother of Ranhamy. Plaintiff then instituted case No. 19,250, C. R. Matale, against the heirs-at-law of Punchirala for declaration of title to this eas

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