Muttu Caeuppen Et Al. V. Eankira Et Al.

Present : The Hon. Sir Joseph T. Hutehinson, Chief Justice
and Mr. Justice Wood Renton.

MUTTU CAEUPPEN et al. v. EANKIRA et al.

D. C, Nuwara Eliya, 117.

Prescription-Possession by judgment-debtor after Fiscal's sale for ten years-Adverse possession-Civil Procedure Code, ss. 289 and 291-' Deemed."

There is nothing in sections 289 and 291 of the Civil Procedure Code which debars a judgment-debtor who has been in possession of the land sold for ten years after Fiscal's sale, and before the execution of the Fiscal's transfer, from claiming title to the land sold by prescription.

THE facts are set out in the judgment.

A. St. V. Jayewardene, for the first defendant, appellant.-The judgment-debtor continued to be in possession of the land sold for a period exceeding ten years after .the sale by the Fiscal and its confirmation by the Court. The purchaser at a Fiscal's sale, when the sale is confirmed by Court after the lapse of thirty days, must procure his conveyance forthwith. After the sale, and until the confirmation of the sale and the execution of the Fiscal's conveyance, the judgment-debtor may use and enjoy the pro

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