Sirisoma Et Al., V. Sarnelis Appuhamy Et Al.,

1950 Present: Dias S.P.J., Gratiaen J. and Pulle J.

SIRISOMA et al., Appellants, and SARNELIS APPUHAMY
et al., Respondents

S. C. 30-D. C. Balapitiya, L 90

Co-owner's alienation or hypothecation, pending partition proceedings, of what would be allotted to him in the final decree-Validity and. effect of such alienation or hypothecation-Partition Ordinance, sections 9 and 17.

Section 17 of the Partition Ordinance does not prohibit the alienation Or hypothecation, pending partition proceedings, of an interest to which a co-owner may ultimately become entitled by virtue of the decree in the pending action.

Where an instrument is executed, pending partition proceedings, in respect of an interest to which the grantor may ultimately become entitled upon the decree, the question whether it should be construed as an actual alienation or hypothecation of such contingent interest or merely as an agreement to alienate or hypothecate such interest (if and when acquired) must be decided in accordance with the ordinary rules governing the interpretation of written instruments.

If such an instrument is in effect only an agreeme

Click Here to Read the rest of this document