Manchenayake V. Perera Et Al.,

1945 Present: Soertsz A.C.J. and Canekeratne J.

MANCHENAYAKE, Appellant, and PERERA et al, Respondents.

357-D. C. Colombo, 2,801.

Partition action-Co-owner's transfer, pending action, of what would be allotted to him in the final decree-Conveys immediate interest in the property- Partition Ordinance (Cap. 56), s. 17.

A conveyance executed after the institution of a partition action, and before the entering of the final decree, purporting to " sell, assign, transfer, and set over " to the vendee " the interest to which the said vendor may be declared entitled to in the final decree to be entered into in the said case from and out of all that land " (i.e., the subject of the partition suit) is valid and not obnoxious to section 17 of the Partition Ordinance. It passes an immediate interest in the property and is not merely an agreement to convey in the future.

Khan Bhai v. Perera (1923) 26 N. L. R. 204 and Hewawasan v. Gunasekera (1926) 28 N. L. R. 33, followed.

Fernando v. Atukorale (1926) 28 N. L. R. 292, not followed.

APPEAL from a judgment of the District Judge of Colombo. By A. deed No, 4,021 dated June 12, 1937, J and Y

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