ATTORNEY-GENERAL v. WANDURAGOLA.

ATTORNEY-GENERAL v. WANDURAGOLA.

 D. C, Kurunegala, 1,601.

Ordinance No. 12 of 1840. s (C-Chena lands-Cultivated lands-Forest-Jungle-Presumption as regards forest or chena lands-When rebutted-evidence-Survey--Tenement sheet.

Per Lawrie, A.C.J.-A chena. according to Sir John d' Oyly, is high jungle ground, in which the jungle has been out and burnt for manure at intervals of from five to fourteen years, for the purpose of cultivating dry grain (such as hill paddy, Kurakkan. &c). and roots (such as mannoca. sweet potatoes, &c), and other vegetables.

The periodical cutting of the jungle and sowing of the land with fine grain, being hurtful to the soil and the villagers, cannot be said to be bringing the land into cultivation, and this seems to be one of the reasons why the Legislature, by section 6 of the Ordinance No. 12 of 1840, declared that chena lands should be deemed to be " forest or waste lands. "

The better the proof that the and in dispute between the Crown and a private party is chena, the stronger is the presumption that it belongs to the Crown.

In the case of lands situate within the Kandyan Provinces, this presumptio

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