Eliyatamby Et Al. V. Kanapathy Veeragathie

1934 Present: Macdonell C.J. and Garvin S.P.J.

ELIYATAMBY et al. v. KANAPATHY VEERAGATHIE.

13-D. C. Jaffna, 25,349.

Partition-Action to partition more than one land-When such proceeding is possible-Same set of owners in same proportion of shares-Intention of Ordinance.

It is not contemplated by the provisions of the Partition Ordinance that any more than one land will be partitioned in one proceeding.

An exception may be made in cases in which more than one allotment of land are held in common by the same set of co-owners in the same proportions.

APPEAL from a judgment of the District Judge of Jaffna.

H. V. Perera (with him Chelvanayagam), for defendant, appellant.

Gnanapragasam, for plaintiffs, respondents.

N. E. Weerasooria, for first and fourth to seventh added defendants, respondents.

January 24, 1934. GARVIN S.P.J.-

In this proceeding the plaintiffs sought to obtain a partition of two separate allotments of land-the first of which is depicted in plan bearing No. 422 filed at page 97 of the record and the second being the lot No. 1 in the plan filed at page 110 of the record-upon the footing that these two

Click Here to Read the rest of this document