1952 Present : Nagalingam A.C.J. and Gunasekara J.

SAPARAMADU et al, Appellants, and SANDERATNE et al.,
Respondents

S. C. 285-D. C. Colombo, 4,699

Partition Ordinance (Cap. 56)-Section 2-Order for sale-Special circumstances necessary.

The policy of the law is to favour the partition of a common land rather than to direct a sale. The fact that one section of the land is unbuildable and valueless is not by itself a sufficient ground for ordering a sale.

APPEAL from a judgment of the District Court, Colombo.

G. P. J. Kurukulasuriya, for the defendants appellants.

H. W. Jayewardene, with D. R. P. Goonetilleke, for the plaintiffs respondents.

Cur adv. vult.

March 24, 1952. NAGALINGAM A.C.J.-

This is an appeal from an order of the learned Additional District Judge of Colombo entering a decree for sale in a partition case where the shares to which the parties are entitled to are not in dispute. Roughly speaking, the plaintiffs are entitled to a 47/80 share while the defendants are jointly entitled to the remaining 33/80 share of the soil and the buildings standing thereon excepting the timber shed which belongs exclusively to the 2nd d