1960 Present : K. D. de Silva, J., and H. N. G. Fernando, J.

ANNAPILLAI, Appellant, and ESWARALINGAM et al.,
Respondents

S. C. 471 - D. C. Point Pedro, 5,279/L

    Thesavalamai Tediatetam acquired before 1947-Dona,tion by husband of wife's share-Right of wife to sue in her own right-Pre-emption Ordinance, No. 59 of 1947-Jaffna Matrimonial Rights and Inheritance (Amendment) Ordinance, No. 58 of 1947.

A husband to whom the Thesavalamai applied purported to donate not only his own share but also his wife's half share of the Tediatetam before the date of operation of the Jaffna Matrimonial Rights and Inheritance (Amendment) Ordinance, No. 58 of 1947. Subsequently, in October 1955, the donee sold the property to the 3rd defendant.

Held, (i) that the donation was invalid as to the wife's share.

(ii) that the wife, by reason of the donation, became co-owner with the donee.

(iii) that the wife's legal relationship to the donee was such as to confer on her the right of pre-emption of the share held by the donee.

(iv) that the wife was entitled, in her own right, to maintain an action for preemption during the subsistence of her marriage