Almeda Et Al., V. Disanayaka Et Al.,

1948 Present : Dias and Basnayake JJ.
 
ALMEDA et al. Appellants, and DISANAYAKA et al.
Respondents.
 
S. C. 15-D. c. Galle, x 306

 Partition action-Final decree-Party deprived of rights-Claim for damages- Bona fides-Cause of action-Proviso to section 9 of Partition Ordinance.
 
A person who brings an action for damages under the proviso to section 9 of the Partition Ordinance cannot succeed unless he can show that the persons against whom he makes the claim have been guilty of a breach of a legal duty which they owed him.
 
Suweneris v. Mohamed (1028) 30 N. L. R. 11 (Divisional Court) doubted by Basnayake J.
 
APPEAL from a judgment of the District Judge, Galle.
 
N. E. Weerasooria, K.C., with Vernon Wijetunge, for plaintiffs, appellants.
 
U. A. Jayasundere, for defendants, respondents.

Cur. adv. vult.

March 15, 1948. DIAS J.-
 
The plaintiffs seek to recover damages from the defendants under the proviso to section 9 of the Partition Ordinance, alleging that the defendants, who are brothers, acting collusively instituted a partition action, D. C. Galle, L 935, with the intention of obtaining, and, in fact, obtaining a fi

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