1952 Present: Rose C.J., Gratiaen J. and Choksy A.J.

DAVID, Appellant, and MENDIS et al., Respondents

S. C. 339-D. C. Tangalla, 5,691

Registration of Documents Ordinance (Cap. 101)-Sections 17 and 18, as amended by Ordinance No. 13 of 1947-Scope of-Bill of Sale-Meaning of term.

In a contract of sale of movable property, a written acknowledgment given by the seller to the purchaser after title to the goods had already passed to the purchaser on payment of the price and delivery of the goods is not a " bill of sale " within the meaning of section 17 of the Registration of Documents Ordinance. A bill of sale is necessary only where possession of the goods intended to be sold is not given and the object is to pass the property in the goods without possession of them being given.

Sections 17 and 18 of the Registration of Documents Ordinance do not apply to verbal contracts of purchase and sale.

APPEAL from a judgment of the District Court, Tangalla. This case was reserved for the decision of a Bench of three Judges under section 38 of the Courts Ordinance.

N. E. Weerasooria, K.C., with H. W. Jayewardene and W. D. Gunasekera, for the plai