Fernando Et Al. V- Fernando Et Al.

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

FERNANDO et al. v- FERNANDO et al.

D. C, Negombo, 7,418.

Invalid lease of an undivided share-Possessory action by lessee-Co-owners-Possession ut dominus.

An owner of an undivided share of land can maintain a possessory action in respect of such share, if he joins the other co-owners as parties.

A lessee who has entered into possession bona fide under a lease is entitled to a possessory remedy, even though the lease may be technically defective; he has to prove possession ut dominus, i.e. he must have possession not alieno nomine, but with the intention of holding and dealing with the property as his own for the full term of the lease.

HE facts are fully set out in the judgment of Wood Renton J-

A. St. V. Jayewardene (with him Soertsz), for the appellants.-It has been held in Silva v. Sinno Appu [ 1 (1903) 7 N. L. R. 5.] that the owner of an undivided share of land can maintain a possessory action. The possession of the plaintiffs was clearly ut dominus.

Sansoni, for the respondents.-The possession of the plaintiffs was not ut dominus.

March 14, 1910. WOOD REN

Click Here to Read the rest of this document