Lord Moulton :-

In this case the appellant who was plaintiff in the action brought an action of ejectment against the defendant in respect of certain lands described in a grant by the Crown to one Thomas Carry, dated 22nd February 1912, and registered in the Land Registry of the district in folio F. 120/125. The lands are therein described as in the village of Ihalamedagoda. The date of the registration is 16th October, 1914. This grant is the foundation of the title of the appellant; but it is not necessary to set forth the various steps by which the appellant traces his title from the said Crown grant as no objection is raised to them.

The respondent's case is that the lands in question were conveyed by the said Thomas Carry to his predecessors-in-title by a deed dated 11th December, 1909, registered on 15th December, 1909 in folio F. 81/366, As that date was prior to the date of the registration of the Crown grant to Thomas Carry the respondent contends that the latter was improperly registered by being placed in a different folio, and that, further, the said Thomas Carry was incapable of giving a title to the lands in question to any one other than the respondent's predecessors-