SILVA v. SIMAN.

C. R., Colombo, 5,625.

Ordinance No. 22 of JST1, s. 3-" Possession for ten years previous to the bringing of the action "-Necessity of plaintiff being in possession at time of suit.

Per Bonser, C.J.-It is essential that a plaintiff who claims the benefit of section 3 of the Ordinance No. 22 of 1871 should be in possession when ho brings his action.

If plaintiff has suffered ouster, his remedy under section 4 is to recover possession within one year of his dispossession, without going into the question of title. But if he acquiesces in his dispossession for a year, he must prove his title.

ACTION instituted on 8th March, 1898, for declaration of title, ejectment of defendants, and damages.

Plaintiff alleged that his father, being " seized and possessed " of a certain land, leased the same to one Jaya (the father of the defendants) in 1879; that Jaya held it till plaintiff's father died in 1884, and then as tenant of plaintiff till he (Jaya) died; that thereafter Jaya's widow, and after her death in 1893 her son, the first defendant, paid rent to plaintiff till 1894; that in July 1895, plaintiff sued the first defendant and had hi