Wijeyesuriya V. Samarasuriya

1944 Present : Howard C.J. and de Kretser J.

WIJEYESURIYA, Appellant, and SAMARASURIYA,
Respondent

250-D. C., Tangalla, 4,783.

Estoppel-Fiscal's sale-Presence of party at sale and remaining silent-No evidence of intention to create a false impression.

Mere presence at a sale of property, without claiming it, is not sufficient to create an estoppel against a person. There must be evidence that the person sought to be estopped by reason of his silence intended to create a false impression on the person who sets up the estoppel and induced him to buy.

APPEAL from a judgment of the District Judge of Tangalla. The facts appear from the argument.

N. E. Weerasooria, K.C. (with him E. B. Wikremanayake), for the plaintiff, appellant.-This is a case of competition between two deeds of title derived from the same source. The plaintiff claims the property in question under a deed of February 26, 1941, and the defendant claims it by virtue of a Fiscal's transfer of June 19, 1941, made in pursuance of a sale which was held in execution against he plaintiff's vendors on February 27, 1941. It is clear on the evidence against the plaintiff's,

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