SILVA v. SINNO APPU.

SILVA v. SINNO APPU.

C.R.Galle, 1,611.

PosProssessory action by part-owner-Civil Procedure Code, s. 12-Ordinance No. 22 of 1871, s. 2.

   The owner of an undivided share of land can maintain a possessory action in respect of such share, provided he joins the other co-owners as parties either plaintiff or defendant.

D. C... Chilaw, 261 (i S. C. R. 329), distinguished.

    IN this possessory suit plaintiff pleaded possession for over a year and a day previous to the ouster complained of, and prayed for ejectment of the defendant. He alleged that he was entitled under a purchase in execution to an undivided half part of Higgahawatta, and that the defendants, who had no title or interest in that share or any other share of the land, forcibly opened a road on the said land, took possession of it, and deprived him of the produce there of.

    The District Judge dismissed the action on the ground that plaintiff could not maintain such an action. He held that as the second defendant claimed to be a co-owner, the plaintiff should have instituted an action rei vindicatio.

    The plaintiff appealed. The case was argued on 5th June, 1903.

   Wal

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