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MUDIANSE et al. v. SELLANDYAR et al.


Mudianse Et Al. V. Sellandyar Et Al.,

Present : Mr. Justice Wood Renton and Mr. Justice Grenier.

MUDIANSE, et al. v. SELLANDYAP, et al.

D.C., Kurunegala, 2,493.

Compensation for improvements-Persons holding under a planting agreement - Bight to compensation - Lessees - Roman-Dutch Law - Principle of assessment.   

    Where a person improves land under a planting agreement with the owner, and is subsequently ejected by the transferee of the owner, such person is entitled to compensation for improvements.

    GRENIER A.J.-A lessee of land is entitled, under certain circumstances, to claim compensation for improvements made by him.

    APPEAL by the defendants. The facts are fully set out in the following judgment of the District Judge (Bertram Hill,
Esq.):-

    " The plaintiffs in this case and the sixth defendant took from the third, fourth, and fifth defendants the land Welikandehenyaya on the 11th January, 1900, on a planting agreement registered on 10th December, 1903.

" The terms of the agreement were briefly: (1) that the planters should put in coconut plants, and' the land was to be divided between the two parties at the expiration of ten years, a












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