Dingiri Appu V. Punchi Appuhamy Et Al.

1947 Present: Keuneman A.C.J, and Jayetileke J.

DINGIRI APPU, Appellant, and PUNCHI APPUHAMY et al,
Respondents.

S. C. 260-D. C. Avissawella, 4,061.

Actio negotiorum gestorum-Payment of debt by stranger-Negotiorum gestor-Cession of action-Contribution--Pro rata liability-Joint and several liability-Misjoinder of parties and causes of action.

The defendant and two others who were co-owners of a land executed a usufructuary mortgage bond for 600 rupees. The two others sold their 1/3 share to the plaintiff who paid off the bond. Plaintiff sued the defendants for the sum of 400 rupees which he alleged was their share of the debt less a sum of 100 rupees paid to him by the fourth defendant.

Held, that plaintiff must in the circumstances be regarded as a negotiorum gestor and was entitled to recover the money paid on behalf of the defendant.

Held, further, that the liability of each defendant was a separate liability for a pro rata share and that there was a misjoinder of defendants.

APPEAL from a judgment of the District Judge, Avissawella.

H. W. Jayewardene, for plaintiff, appellant.

E. A. P. Wijeratne (with him H Wan

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