GOONEWARDANA v. PEREIRA.

GOONEWARDANA v. PEREIRA.

D. C., Colombo, 12,864.

Possessory suit by a person ousted by violence-Evidence necessary to support such a suit.

Bonser, C.J.-When a person in possession of a property has been forcibly ousted, he is entitled to maintain a possessory suit. Proof of possession and violent ouster is all that is required to support the Plaintiff. It is not necessary to prove possession for a year and a day.

Wendt. J.-In a possessory action, plaintiff may take advantage of the possession of his predecessor in title. It is not necessary that he himself should have had a year and a day's possession, where that is one of the requirements for bringing a possessory action.

ONE Jusey Perera leased the land in dispute to the plaintiff for a period of three years, commencing from 15th February. 1898. The lessor died on 18th January, 1899, and the defendants ousted the plaintiff in the following month, and plucked the nuts from the coconut trees on the land. Plaintiff brought a possessory suit on the 18th February, 1899, and prayed to be restored to possession.

The Additional District Judge (Mr. N. E. Cooke) found as follows: -

" The defe

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