FERNANDO et al v. MOHAMADU SAIBO et al.

FERNANDO et al v. MOHAMADU SAIBO et al.

D. C., Chilaw, 1,632.

 

Partition suit-Ordinance No. 10 of. 863-Denial of plaintiff's title in toto -Denial of plaintiff's possession-Propriety of action for partition.

Where plaintiffs alleged common possession and common title with defendants and subsequent ouster by defendants, but defendants claimed the whole land as their own and pleaded that an action for partition was not open to the plaintiffs until they established their title in a separate action-

Held, it was irregular to reject the prayer for partition and to order the case to proceed as an action for declaration of title.

Per Lawrie, A.C.J.,-Neither the fact that the title of plaintiff or defendant is denied, nor the fact that neither plaintiffs nor defendants are in possession, is a good objection to an action for partition.

The Court must in all cases of partition carefully investigate all titles, and must refuse to make title on admissions or insufficient proof.

Perera v. Perera (2 N. L. R. 370) considered and explained.

THE plaintiffs in this case claiming to be the owners of three-fourths of a certain gard

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