Munasinghe Et Al., V. The Assistant Government Agent, Puttalam

[IN REVIEW.]

April 8,1910

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

MUNASINGHE et al. v. THE ASSISTANT GOVERNMENT
AGENT, PUTTALAM.

D. C, Puttalam, 12.

Reference under the Waste Lands Ordinance-Crown-How far hound by estoppel-Evidence Ordinance, s. 115-Estoppel by conduct- Prerogative.

In this matter, which was a proceeding under the Waste Lands Ordinance, decree was entered of consent of parties (on March 20, 1904) whereby, inter alia, it was ordered that a survey should be made by a specified surveyor, and " that the Crown be and is hereby declared owner of all extents of land found by him to be Mukalana, chena, or forest above fifteen years of age; and in respect of the remainder thereof, whether abandoned fields, gardens, chena, or forest under fifteen years, it is declared that the plaintiffs be adjudged the owners thereof on payment by them to the Crown of a sum of Rs. 10 per acre."

The Surveyor-General, after the surveyor's death, forwarded to Court what purported to be a " survey of the land in execution of the commission." The defendant

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