Dharmadasa V. Sachchohamy,Et Al.,

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

DHARMADASA, Appellant, and SACHCHOHAMY et al., Respondents.

33-D. C. Tangalla, 5,037.

Contract-New contract superseding a previous contract-Intention to supersede. should be clearly manifested.

A lessee who obtained an option to acquire the portion of land leased by the lessor at the end of a term of years if he observed certain conditions agreed to sell a half share of the land conveyed to him to D. for a consideration. Five years later the lessee assigned a half share of the leasehold interest to D. for a sum of Rs. 150. Some years later D. paid the consideration due under the agreement.

Held, that, there was no evidence to show that the assignment was. accepted in satisfaction of the right to purchase a half share.

APPEAL from a judgment of the District Judge of Tangalla.

H. V. Perera, K.C. (with him Vernon Wijetunge), for the plaintiff, appellant.

G. V. Ranawake (with him H. A. Koattegode), for the first defendant, respondent.

E. B. Wikramanayake, for the third and fourth defendants, respondents.

Cur. adv. vult.

November 23, 1945. CANEKERATNE J.-

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