Ramalingampillai V. Adjuward Et Al.,

1942 Present: Howard C.J. and Soertsz J.

RAMALINGAMPILLAI v. ADJUWAD et al.

292-D. C. Colombo, 4,458.

Administration-Estate closed-Property in possession of devisees-Right of creditor to sue heirs in possession-Contingent debt-Roman-Dutch Law.

Where the administration of an estate has been completed and the heirs are actually in possession of the property devised to them, a creditor, whose debt fell due after the estate was closed, is entitled to sue the heirs in possession in proportion to the extent to which they have benefited from the estate. Minor heirs in possession of the property devised to them may be sued by a creditor under such circumstances.

The judgment of Bonser C.J. in Pattiman v.Kanapati Pulle  (1 Browne 118) explained.

APPEAL from a judgment of the District Judge of Colombo. The facts appear from the judgment of Soertsz J.

N. Nadarajah, KC. (with him H. W. Thambiah and V. K Kandasamy), for the plaintiff, appellant.-The finding of the District Judge is that the administration of the estate had been de facto completed. On that finding the defendants would be liable to the extent of the property that

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