Vellaithamby V. The Attorney General

1957 Present: Weerasooriya, J., and Sinnetamby, J.

VELLAITHAMBY, Appellant, and THE ATTORNEY-GENERAL,
Respondent

S. C. 11-D. C. Batticaloa, 1,090/L

Irrigation Ordinance (Cap. 312)-Certificate of sale in favour of Grown-Nature of Crown's title-Sections'2 {1) (4), 66 (2), 68-Registration of Documents Ordinance (Cap. 101), s. 7 (1).

Where land sold under the Irrigation Ordinance for non-payment of irrigation rates due in respect of it is purchased by the Crown and a certificate is thereafter issued vesting title in the Crown, all previous titles to the land must, by virtue of sections 2 and 66 (2) of the Ordinance, be regarded as wholly extinguished, or suspended, by operation of law, and a new title is created in the Crown which is good against all persons. Accordingly, a subsequent transferee from the original owner of the land cannot claim title to it by priority of registration as against the Crown.

APPEAL from a judgment of the District Court, Batticaloa.

Walter Jayawardene, with A. S. Vanigasooriyar, for the plaintiff-appellant.

V. Tennekoon, Crown Counsel, with M. Fernando, Crown Counsel, for the defendant-responde

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