[IN THE PRIVY COUNCIL]

1960

Present : Lord Tucker, Lord Keith of Avonholm, Lord Jenkins,
Lord Morris of Borth-y-Gest, Mr. L. M. D. de Silva

THE LAND COMMISSIONER, Appellant, and LADAMUTTU PILLA I
and another, Respondents

PRIVY COUNCIL APPEAL No. 39 OF 1959

S. C. 457-D. C. Colombo, 288/Z

    Land Redemption Ordinance, No. 61 of 1942-Interpretationand scope of 8ection 3Land Commis8ioner-Hisliability to be sued-Effect of words "determination 8hall be final "-Certiorari-Land Acquisition Act, No.9 of 1950-Civil Procedure code, 88. 463, 464-Land Development Ordinance of 1935,8.2. Sub-sections 1 and 4 of section 3 of the Land Redemption Ordinance, No. 61 of 1942, prior to amending Ordinance No. 62 of 1947, were in the following terms :

"3. (1) The Land Commissioner is hereby authorised to acquire on behalf of Government the whole or any part of any agricultural land, if the Land Commissioner is satisfied that that land was, at any time before or after the date appointed under section 1, but not earlier than the first day of January, 1929, either

(a) sold in execution of a mortgage decree, or

(b) transferred by the owner of