FERNANDO v. TEGIS APPU.

Cultivation of Crown land by several persons-Contribution by them all of half-improved value under Ordinance No. 12 of 1840-Crown grant in favour of one cultivator only-Sale by that cultivator to plaintiff of a divided portion-Action in ejectment against other cultivators in possession- Their right to retain possession in spite of the Crown grant-Duty of Court to try the real question at issue between the parties.

Where a Crown land was cultivated by several persons and each contributed his share of half the improved value, in terms of the Ordinance No. 12 of 1840. to S M, one of the co-cultivators, and deputed him to apply to the Crown on their behalf for a grant, and such grant was made in favour of that cultivator only, but they continued to be in possession together; and where S M purported to sell a divided portion to F, and F sued in ejectment S M's co-shares, sieving ouster; and where the District Court found that there was no ouster and dismissed plaintiff's

Held, that it was the duty of the Court to try the real issue between the parties, namely, whether the defendants have possessed