Sir George Rankin:-

The appellants on 16th and 25th April 1930 brought in the District Court of Colombo two actions to recover possession of two contiguous plots of land measuring in the aggregate 2 acres and 38 perches and forming a triangular area to the north of land which is admittedly theirs. The disputed land is known as Maha Ettambagaha Kumbura. In the first suit they impleaded four defendants as being in wrongful possession, S. Don Manis Appu being defendant 1. In the second suit he was the sole defendant. The District Judge dismissed both actions on 23rd March 1933, finding against the appellants on the issue as to title and also on the question whether defendant 1 had acquired a prescriptive title under Ordinance 22 of 1871. The Supreme Court on 22nd January 1936 affirmed the decree's of the District Judge. Without pronouncing upon the issue as to the appellants' title the learned Judges of the Supreme Court proceeded solely upon the ground of prescription under the Ordinance. The defendants have not appeared at the hearing of this appeal by the Board.

The two acres (or thereabouts) now in dispute are said by the District Judge to be to a great extent swamp on which lotus g