1964 Present: Basnayake, C.J., and Herat, J.

P. A. N. SOMASUNDERAM, Appellant, and
W. D. WIJERATNE, Respondent

S. C. 46/1959-D. C. Kalutara, 31518

Administration of estates-Power of an executor to sell immovable property belonging to the estate-Scope-Applicability of English law-Civil Procedure Code, ss. 518, 538, 540, 551-554, 712-739.

         Where a testator dies owing no debts and leaving sufficient money for the payment of estate duty, the executor has no power to sell any of the immovable property that is left subject to the condition that the executor shall have the right only to take and enjoy all the rents and profits and shall not have the power to sell or mortgage or alienate the same and that, after his death, the property shall devolve on and vest in certain specified legatees.

         Where, after his power of administration has come to an end, an executor sells immovable property which the Will does not authorise him to sell, the sale conveys no title to the purchaser as against a person who subsequently buys the same property from the heirs of the deceased and institutes a vindicatory action against the former pu