Segoe Mohideen V. Ismail Lebbe Maricar

Present : The Hon. Mr. A. G. Lascelles, Acting Chief
Justice, and Mr. Justice Wendt.
 
SEGOE MOHIDEEN v. ISMAIL LEBBE MARICAR.

D. C, Colombo, 21,973.

Heir ab intestato, possession by-Appointment of administrator-Prescription-Sale by administrator-Title-" Adverse possession "- Ordinance No. 28 of 1871, s. 3.

    Held, that possession by heirs succeeding ab intestato is, always, a possession subject to the title of a legal representative, if one should be appointed; but that it is competent for an heir, after the appointment of an administrator, by overt acts to change the character of his possession into an " adverse " one.

Held, also, that the onus is on the heir, in such a case, to prove when, and how, his subordinate and derivative possession became converted into an " adverse " one; and that the mere enjoyment) of the rents and profits, or the erection of buildings, or the making of other improvements, would not amount to proof of such " adverse " possession, as such acts are not inconsistent with possession as an heir only.

ACTION rei vindicatio.

One Casie Lebbe, being owner of the premises in dispute, died intesta

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