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

SABARATNAM et al., Appellants, and KANDAVANAM, Respondent,

S. C. 124-D. C. (Inty.) Point Pedro, 4,431

Deed-Sale by two or more persons of their shares of a land-Failure of one of them to sign the deed-Binding effect of deed.

Co-owners-Transfer of entire property by a co-owner-Transferee's rigl ts-Pres-cription--Ouster.

(i) A, B and C purported to sell to D by the same deed an undivided 8/32 share of a land. The 8/32 share consisted of the 6/32, 1/32 and 1/32 shares of A, B and C respectively. Although the deed of sale (P1) recited C as one of the parties to it, his interest did not actually pass as he either omitted or declined to sign it. Subsequently A transferred the entirety of the land to E. In the present action instituted by D claiming 7/32 share as against E-

Held, that the failure of C, one of the intended executants, to sign the deed P1 did not have the effect of not binding the other parties who executed it.

(ii) Where a person who is in possession of property as a co-owner transfers the entirety of the common property to a stranger but continues to be solely on the land