Urban Council Of Dehiwela Mount Lavinia Et Al., V. Andy Silva

1956 Present : K. D. de Silva, J., and Sansoni, J.

THE URBAN COUNCIL OF DEHIWELA-MOUNT LAVINIA et al.,
Appellants, and P. ANDY SILVA et al., Respondents

S. C. 263-264-D. C. Colombo, 5,838/L

Appeal-Notice of tendering security-Signed by appellant's proctor and served on respondent's proctor-Validity-Civil Procedure Code, ss. 24, 29, 756 (1).

A notice of tendering security issued under section 756 (1) of the Civil Procedure Code is not invalid if it is signed by the appellant's proctor and addressed to, and served on, the respondent's proctor.

Urban Council-Recovery of rates-Seizure of property-Purchase of the property by Council in 1938-Prior sanction of Local Government Board not necessary- Transfer of the property by Council in 1942-Approval of Executive Committee

not necessary-Municipal Councils Ordinance (Cap. 193), ss. 143,145,146 (1)- Local Government Ordinance (Cap. 195), ss. 46, 47 (c), 182-Urban Councils Ordinance, No. 61 of 1939, ss. 48 (e) (1), 183 (1).

Where property seized by an Urban Council for the recovery of rates was purchased by the Council in the year 1938 in terms of section 182 of the Local Government Ordinance (Cap. 195), read with section 143 of the Municipal Councils Ordinance (Cap. 193)-

Held, that the prior sanction of the Local Government Board was not necessary. The provisions of section 47 (c) of the Local Government Ordinance were not applicable to such purchase.

Held further, that section 48 (e) (1) of the Urban Councils Ordinance, No. 61 of 1939, does not impose on an Urban Council any duty to obtain the prior approval of the Executive Committee in order to sell property purchased by it in the course of recovering rates and taxes.

APPEAL from a judgment of the District Court, Colombo.

S. J. Kadirgamar, with P. Somatilakam, for the 1st defendant appellant.

H. V. Perera, Q.C., with S. J. Kadirgamar and John de Saram, for. the 3rd defendant appellant.

Stanley Perera, with Vernon Martyn, for the plaintiff respondent.

Cur. adv. vult.

July 3, 1956. K. D. DE SILVA, J.-

The land called Madatiyagahawatte bearing assessment No. 132, situate within the limits of Dehiwela-Mt. Lavinia Urban District Council was seized by the said Council and sold by public auction on 28.9.'38 for the recovery of a sum of Rs. 6/72 due as arrears of assessment rates. At this sale the Urban Council who is the 1st defendant in this case purchased the property and the chairman of the Council in terms of section 145 of the Municipal Councils Ordinance (Cap. 193) entered the certificate P21 on 20.12.'39 vesting the land absolutely in the Council free from all encumbrances. On 20.12.'41 the Council put up the land for sale by public auction and it was purchased by the 2nd defendant for a sum of Rs. 1,005/-. The Council having confirmed the sale executed the deed of conveyance P22 dated 22.5. '42 in favour of the 2nd defendant who by deed P23 dated 12.4.'49 sold the land to the 3rd defendant.

Admittedly the plaintiff was a co-owner of this land prior to the sale held on 28.9. '38 at which the Council purchased it. The plaintiff in his amended plaint prayed that the vesting certificate P21 and the deed of conveyance P22 be declared null and void as being ultra vires of the powers of the 1st defendant under the Local Government Ordinance (Cap. 195) and Ordinance No. 61 of 1939. The plaintiff also contended that P21 and P22 being null and void no title passed to the 3rd defendant on deed P23. He prayed that he be declared entitled to an undivided 19/45 shares of the land and also claimed the ejectment of the 3rd defendant and sought to recover damages from him. In the amended plaint

no relief was claimed as against the 1st and 2nd defendants but they were made parties to enable the Court to effectively and completely adjudicate upon the questions involved in this action.

The learned District Judge held that the

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