Abeysuriya Et Al V. Gunawardene Et Al

1946 Present: Wijeyewardene and Jayetileke JJ.

ABEYSURIYA et al., Appellants, and GUNAWARDENE et al.,
 Respondents.

63-D. C. Matara, 156/14,165.

Partition action-Agreement, pending action, to transfer divided lot after final decree-Does not convey immediate interest-Partition Ordinance (cop. 56), 8. 17.

Where pending on action for the partition of a land, one of the defendants executed an agreement which provided that he would within a month of the entering of the final decree convey the divided portion that would be allotted to him under that decree -

Held, that the agreement did not convey an immediate interest and could not be given effect to in the interlocutory decree entered in the case.

APPEAL against a decree of the District Court of Matara.

N. E. Weerasooriya, K. C. (with him S. W. Jayasuriya), for the defendants, appellants-The question is whether a person who has got a deed pending a partition action could intervene in the action. Section 17 of the Partition Ordinance declares such a deed voice. Only a purchaser under a Fiscal?s sale can intervene, and that only after the conveyance is obtained-Perera v.

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