KAPURUHAMI v, HENDRICK et al.

KAPURUHAMI v, HENDRICK et al.

C. R.: Kurunegala, 2,954.

 

Co-owners of land-Arrangements as to possession-Evidence of possession of -particular trees in lieu of undivided share-Evidence in anticipation of defendant's case.

It is competent for the owners of undivided shares of a land to make arrangements among themselves as to the enjoyment of the produce of the land; and evidence showing that any one co-owner has enjoyed the fruits of a certain number of trees in pursuance of such arrangement would go to support his title to an undivided share of the land.

Where a defendant, in a land suit pleads title by prescription, it is competent for the plaintiff to adduce, in the first instance, evidence of possession by himself in anticipation of the defendant's case.

PLAINTIFF claimed five-sixteenths of a cocoanut garden. He proved that forty years previous to the trial it was possessed by Mudalihamy and Ettarala apparently as joint owners; that Mudalihamy was entitled to five-sixteenths only; that Mudalihamy and his co-owner made an arrangement by which Mudalihamy took the produce of twenty-five trees in a particular part of the g

Click Here to Read the rest of this document