UKKU v. KALU.

D. C, Kandy, 13,889.

Intestate succession-Plaintiff's title-Necessity for administration-Duty of plaintiff to show that estate was less than Rs. 1,000 in value.

It is incumbent on a plaintiff claiming title by intestate succession to show affirmatively that the intestate estate was less than Rs. 1,000 in value. If over that value, probate or administration must be taken.

It is not sufficient that both parties ignore the necessity for administration, or even agree that it is not necessary.

The Court must be satisfied that in every intestate succession probate or administration has been taken; if not taken, that it was dispensed with owing to the smallness of the estate.

IN this case the plaintiff alleged that her son Wattuwa was by inheritance from his father Sirimala entitled to an undivided half of certain lands which were the acquired property of Sirimala; that Wattuwa died in January, 1896, leaving him surviving his mother, the plaintiff, who succeeded to his shares of the said lands; and that defendant had taken forcible possession of all the said lands, though he was bound by the decree of the District Court of Kandy, pronounced