Kumarihamy V. Weeragama Et Al.,

1942 Present: Hearne, Keuneman and de Kretser JJ.

KUMARIHAMY v. WEERAGAMA et al.

20-D. C. (Inty.) Kandy, 310.

Partition action-Compromise affecting rights of parties inter se-Binding on patties to agreement.

By Hearne and de Kretser JJ. (Keuneman J. dissenting).

An agreement, which is entered into in a partition action, affecting only the rights of parties inter se, and which is expressly made subject to the Court being satisfied that all parties entitled to interests in the land are before it and are solely entitled to it, is binding on the parties and is not obnoxious to the Partition Ordinance. .

CASE referred to a Bench of three Judges; the facts appear from the judgment of de Kretser J.

H. V. Perera, K.C. (with him Cyril E. S. Perera) , for the first defendant, appellant.-The question for decision is whether in a partition action the parties can, before the stage of investigation into title by Court is reached, enter into a compromise which is to take effect after the Court has ascertained the co-owners and their respective shares. The solution to the problem) may be obtained when one considers the nature of a partiti

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