Beebee Ammal V. Ibrahim Saibo

1938 Present: Hearne J. and Wijeyewardene A. J.

BEEBEE AMMAL v. IBRAHIM SAIBO.

341-D. C. Badulla, 5,808.

Partnership-purchase of land by partners-Death and retirement of partners -Formation of new partnership-Transfer of beneficial interest in property purchased to new partnership-Rights of heirs of deceased partners-Partition action.
 
Where land was conveyed to seven persons trading in partnership ?as K. A. S. & Co., and their successors and assigns?, the property vested in the partnership and the beneficial title was in the partners as such.

On the death or retirement of a partner the beneficial interest in the property remained to the surviving partners, and on the formation of a new partnership such beneficial interest became an asset of the. new partnership for the purpose of its business.

The transfer of this beneficial interest from one partnership to another does not require a notarial instrument.

THIS was a partition action. The facts are stated by Wijeyewardene A. J. as follows:-

The plaintiffs respondents instituted this action under Ordinance No. 10 of 1863 for the partition of a land called Kandewatta alias

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