Theivanipillai V. Arumugam Et Al.,

Present: Lascelles C.J. and Wood Renton J.

THEIVANIPILLAI v. ARUMUGAM et al.

110-D. C. Batticaloa, 3,493.

Prescription-Adverse possession-Verbal dower-Possession for over ten years.

Where A made an informal grant of a land to B by way of dowry, and B entered into possession with the full intention of occupying it as owner and possessed it for over ten years-

Held, that the possession was adverse, and that he had acquired a prescriptive title to the land.

Lebbe Marikar v. Sainu 2 distinguished.

IN this action the plaintiff sought to set aside a deed of transfer of a land dated August 31, 1911, executed by the first and second defendants in favour of the third. The plaintiff claimed the land by virtue of a deed of gift dated July 9, 1897; executed by her parents in her favour and in favour of her husband, Kumaravelu Maarimuttu.

The second defendant is the daughter of the plaintiff, and first defendant is the husband of the second defendant. These defendants alleged that they were married about eighteen years before date of action, and that the land was dowried to them by the plaintiff's father Veeracutty by word of mouth, and the

Click Here to Read the rest of this document