CASIPILLAI v. RAMANATER

CASIPILLAI v. RAMANATER

C. R., Jaffna, 397.

 

Crown land-Right of possessor to a Crown grant-Prescription- Improved value-Ordinance No. 12 of 1840, s. 8.

Possession, as defined in clause 3 of Ordinance No. 22 of 1871, of Crown land for fifteen years prior to alienation thereof by the Crown cannot avail as a plea in bar to a claim to such land by a private individual who has purchased it from the Crown.

Semble, per Bonser, C.J.-That the Crown cannot by conveying away land in the possession of a private individual deprive the possessor of the benefit of section 8 of Ordinance No. 12 of 1840, under which a possessor of Crown land, in certain circumstances, is entitled to a grant of such land from the Crown on payment of half its improved value, and cannot be ejected from such land except on payment to him of such share of the improved value.

Quaere-Whether a purchaser from the Crown does not get an unimpeachable title.

THE facts of the case fully appear in the judgment.

Dornhorst, for appellant.

Wendt and Sampayo, for respondent.

18th March, 1896. Bonser, C.J.-

This is an unfortunate litigation about a very small piece of land, so

Click Here to Read the rest of this document