SILVA et al. v. SILVA et al.

Present : The Hon. Mr. A. G. Lascelles, Acting Chief Justice, and
Mr. Justice Wendt.

SILVA et al. v. SILVA et al.

D. C., Galle, 6,462.

Co-owners, rights of-Erecting building without consent-Improvement-Compensation-Bight to remove building-Partition Ordinance (No. 10 of 1863), ss. 2 and 5.

One of several co-owners of a land has no right to build on the common property without the consent of the other co-owners. Where a co-owner does so, he has no right to compensation from the other co-owners, unless it could be shown that the building of a house on the land was a use of the joint property which would naturally have been in the contemplation of the parties.

Where in a partition suit the District Judge ordered that a building put up by one of several co-owners against the wish of some of them should be included in the corpus to be partitioned, and that each of the co-owners should get his share out of the corpus so made up without any payment of compensation,-

Held, that the decree was wrong and should be amended by giving the co-owner who put up the building liberty to remove the same, in the event of its being allotted to any

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