BIN AHAMED

Vs.

BIN HASSAN

SUPREME COURT
B.P.ALUWIHAREP.C..J.
PRIYANTHA JAYAWARDENA P.C., J.
ANIL GOONERATNE
SC APPEAL NO. 53/2011
SC/HCCA/LA APPLICATION NO. 328/2010
HCCA GAMPAHA CASE NO.
WP/ HCCA/ GAM/ 218/ 03 (F)
DC NEGOMBO CASE NO. 5155/ L
06.11.2017

Rei vindicatio - Declaration of title - Extent - Leave and licence - Prescription -Separate blocks - Partition plan - Exclusive possession

Plaintiff- Respondent -Appellant prays for a declaration of title that Plaintiff is owner of lot 10 in plan 14/1959, and damages as prayed for in the plaint, and Plaintiff - Respondent to be placed in possession of lot 10. Defendant prayed for a dismissal of the action. Extent of estate was 210 acres, 3 roods, 23 perches.

On 31.03.1931 Bin Ahamed sold the entire estate to Mohamed Ismaii Bin Ibrahim by deed no. 1223. Thereafter Mohomed Ismail Bin Ibrahim gifted the said land to his four children including Plaintiff's mother. Plaintiff's mother by deed of gift No. 9431 gifted 5 acres depicted as lot 10 out of 52 acres to her son the Plaintiff. The co- owners are the above 4 children of M. I. Bin Ibrahim. Lot 10 is the subject matter of the suit.

Defendant's position