UDUMA LEBBE v. SEYADU ALL

UDUMA LEBBE v. SEYADU ALL

D.C., Kurunegala, No. 857.

Recovery by an heir of property of an intestate's estate without administration,-Ceylon Civil Procedure Code, s. 547.

Section 547 of the Civil Procedure Code does not apply to cases in which the plaintiff, after the death of the late owner, got into peaceful possession of the deceased's property, whether movable or immovable, and where the cause of action is the dispossession of the plaintiff of property lawfully in his possession, and not the wrongful detention by the defendant of the deceased's property of which the plaintiff never had possession.

Semble, per Withers, J., that section 547 does not prohibit an heir from asking merely for a declaration of title to his ancestor's lands.

THE facts of the case appear in the judgment of Withers, J.

Sampayo, for appellant.

Wendt, A. S.-G., for respondent.

Cur, adv. vult.

25th June, 1897. Lawrie, A.C.J.-

The 547th section of the Code seems to me to apply only to the recovery of property to which the plaintiff alleges right as the heir of a deceased.

No action for the recovery of any part of an estate worth Rs. 1,000 can be mainta

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