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

P. B. PERERA, Appellant, and KIRI HONDA, Respondent

S. C. 268-D. C. Kurunegala, 7,931/L

Sale of land-Several vendors-Is there a presumption, that each of them owned an equal share ?-Exceptio rei venditae et traditae-Scope of its applicability.

Where several vendors join in conveying a land or a portion of a land, it cannot be presumed that the deed of sale was a conveyance by them in equal shares, particularly where the rest of the evidence shows that they were never considered as owning the land in equal shares. Accordingly, if A, B, C and D sell to E a greater portion of a land than they are altogether entitled to and subsequently A alone acquires title to an additional portion of the same land, the doctrine of Exceptio rei venditae et traditae can operate against A in respect of even the entirety of the additional portion although the total extent of A's share thereby allotted to E amounts to more than one-fourth of the portion of land originally sold to E.

Under the Exceptio rei venditae et traditae a sale made by a vendor without title may be relied upon as against a purchaser fro