DON SIMAN v. JOHANIS et al.

DON SIMAN v. JOHANIS et al.

D. C., Colombo, 8,059.

Crown grant-Rule of Civil Law-Jurisdiction as to title acquired from the Crown-Overvaluing of claim to bring case within jurisdiction of the District Court-The Courts Ordinance, s. 74.

Semble, per Bonser, C.J,-That the rule of the Civil Law, that a purchaser from the Government acquired by the grant a good title, is law in this Island at the present day.

The practice of parties overvaluing their claims in order to bring them within the jurisdiction of the District Court is one which should be discouraged, and District Judges, where they have suspicion of its being followed, should require evidence of the value of the land which is the subject of action, and enforce the provisions of section 74 of the Courts Ordinance.

THE facts of this case sufficiently appear in the judgment of BONSER, C.J.

Sampayo, for appellant.

Dornhorst, for respondent.

2nd August, 1898. Bonser, C.J.-

This is an action rei vindicatio to establish title to a small portion of land, two roods in extent, situate in a village in the District of Colombo. In this action the plaintiff has to make out a title. He pr

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