Velupillai Et Al V. Pulendra Et Al

1951 Present: Gratiaen J. and Gunasekara J.

VELUPILLAI et al, Appellants, and PULENDRA et al, Respondents

S. C. 462-D. C. Vavuniya, 831

Thesavalamai -Pre-emption-Sale of land-Failure of notice to pre-emptor-Right of pre-emptor to have the sale set aside.

In an action instituted by a Thesavalamai " heir " to set aside a sale of land on the ground that the property had been sold without notice to him, in breach of his right of pre-emption-

Held, that it is fundamental to the cause of action in such a case that the pre-emptor should establish by positive proof that, had he in fact received the requisite notice, he would and could have purchased the property himself within a reasonable time rather than permit it to be sold to a stranger.

APPEAL from a judgment of the District Court, Vavuniya.

C. Suntheralingam, with C. Renganathan and V. K. Palasuntheram, for the 1st and 2nd defendants appellants.

E. B. Wikramanayake, K.C., with V. Arulambalam, for the plaintiff respondent.

Cur. adv. vult.

July 26, 1951. GRATIAEN J.-

The plaintiff, who is a young Jaffna Tamil, is the son of the 3rd and the 4th defendants, and was sent by hi

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