Salee Et Al. V. Natchia Et Al.,

1936   Present : Moseley J. and Fernando A.J.

SALEE et al. v. NATCHIA et al

175-D. C. Kalutara, 14,337.

Partition-Transfer of shares pending partition-Shares to be awarded in partition case or of amount realized by sale of property-Validity of sale -Ordinance No. 10 of 1863, s. 17.

Where the interests in a land in respect of which a partition action was pending were transferred in the following terms :

" We do hereby sell and transfer all that right and title described in the schedule belonging to us or the shares of the said property to be awarded by the decision arranged in partition case No. 5,303 now pending or the shares of the amount that will be realized by the sale of the said property."-

Held, that the transfer was not obnoxious to section 17 of the Partition Ordinance.

Hewawasan v. Gunasekere (28 N. L. R. 33) followed.

APPEAL from a judgment of the District Judge of Kalutara.

Weerasooria (with him T. S. Fernando), for 11th to 11D defendants, appellants.

Haniffa, for 3rd and 13th defendants, respondents.

Cur. adv. vult.

November 9, 1936. FERNANDO A.J.-

This is a partition action, and the main question that arises o

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