SAMARASINHA v. BALAHAMY.

SAMARASINHA v. BALAHAMY.

D. C., Matara, 2,795.

Action for partition-Claim for damages.

In a partition suit, damages cannot be claimed or awarded.

Parties claiming damages in such an action are liable to pay stamp duties on the part of their claim.

THE plaintiff prayed for the partition of a field and for damages, in that " the defendants wrongfully cultivated the fertile portion of the land and appropriated the whole produce " for two years. The District Judge decreed partition and awarded Rs. 25 damages,

Defendants appealed.

H. Jayawardene, for appellant.-Damages are not recoverable in a partition suit. Stamp duties are not payable in such a case, but an action for damages cannot be raised free of stamps The decree for partition merely is right, but the order as to damages is wrong.

Bawa, for respondent.-Damages have been proved, and plaintiff is entitled to them.

20th May, 1902. Moncreiff, A.C.J.-

Plaintiff brought a partition suit and joined with it a claim for damages. The trial took place, and; the Judge granted decree for partition and assessed the damages at Rs. 25. I think all parties agreed in doing this, well knowing wh

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