1962 Present: Basnayake, C. J., Sansoni, J., Herat, J.,
Abeyesundere, J., and Silva, J.

JEGANATHAN, Appellant, and RAMANATHAN and another,
Respondents

S. C. 68/57-D. C. Jaffna, 307/L

Thesavalamai-Action for pre-emption-Plaintiff's financial ability to buy-Proof not necessary-Maintainability of action by way of regular procedure- " Cause of action "-Thesavalamai Pre-emption Ordinance, ss. 3, 5, 6, 8-- Civil Procedure Code, s. 8.

In an action for pre-emption under the Thesavalamai Pre-emption Ordinance the plaintiff need not establish that, if the prescribed notice had been given, he had sufficient means, at the material time, to buy the share which he was entitled to pre-empt.

The cause of action in an action for pre-emption is the failure or omission .of the vendor to give the notice required by law.

APPEAL from a judgment of the District Court, Jaffna. C. Ranganathan, for Plaintiff-Appellant.

H. V. Perera, Q. C., with S. Sharvananda, for 4th and 5th Defendants-Respondents.

Cur. adv. vult.

October 25, 1962. BASNAYAKE, C. J.-

The question for decision in this appeal is whether in an action for pre-emption the plaintiff must prov