[IN THE PRIVY COUNCIL]

1961 Present: Lord Morton of Henryton, Lord Radcliffe,
Lord Dinning,Lord Morris of Borth-y-Gest,
Mr. L. M. D. de Silva

MANGALESWARI (a minor, appearing by her next friend Sinnamma),
Appellant, and V. SELVADURAI and others,
Respondents

PRIVY COUNCIL APPEAL No. 10 OF 1958
 
S. C. 21-D. C. Chavakachcheri, 315

Thesavalamai-Pre-emption-Land owned in common by father and daughter-  Daughter a minor-Sale of his share by father to a stranger without notice to daughter-Bight of daughter to have the sale set aside-Point of time at which cause of action arises-No onus on pre-emptor to show that she had sufficient money at time of sale-Natural guardian's knowledge of sale-Imputation of it to minor-Applicability of Roman-Dutch Law and Muslim Law principles of pre-emption.

Neither the Roman-Dutch Law nor the Muslim Law is part of the law of Thesavalamai, but, in regard to a question relating to pre-emption, it is permissible to derive assistance from the law obtaining in those systems when it is not in conflict with the principles of Thesavalamai.

In an action to enforce a light of pre-emption under the law of Thesaval