Chellapah V. Mcheyzer Et Al.,

1937 Present : Poyser and Soertsz JJ.

CHELLAPPAH v. McHEYZER et al.

274-D. C. Colombo, 46,747.

Warranty-Express covenant to warrant and defend title-No warranty of title-Remedy of purchaser-Roman-Dutch law.

Where in an agreement for the sale of land there is an express covenant to warrant and defend title, the purchaser is not entitled to withdraw from the sale on the ground of a defect of title in the vendor.

Where there is an express warranty of title the purchaser is entitled to refuse to complete the sale if he is able to show that the vendor has not the good title he warranted.

An express warranty of title occurs when a vendor in so many words warrants that he has a good and lawful title.

James v. Suffa Umrna (17 N. L. R. 33) followed.

Fernando v. Per era (17 N. L. R. 161) and Babapulle v. Umma (4 C. W. R. 420) distinguished.

THE plaintiff brought this action against the second defendant-appellant and another defendant, a licensed auctioneer, alleging that the defendant-appellant through the other defendant put up for sale two allotments of land of which he was declared the purchaser. He alleged that in compliance wit

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