RAKI v. LEBBE et al.
1912 Present: Lascelles C.J. and Wood Renton J.
RAKI et al. v. LEBBE et al.
127-D. C. Kandy, 20,358.
Prescription-Cultivation of a small portion out of a large land-Must title by prescription be restricted to area cultivated?-Adverse possession-Must possession be adverse to the whole world ?- Ordinance No. 22 of 1871, s.3.
The question whether title acquired by prescription must be limited to the
actual area of which possession is had must be answered with due regard to the
nature of the property and to the use and cultivation of which it is
susceptible.
It is possible for a party to an action to establish title by prescription
without proving that his possession was adverse to the whole world.
WOOD RENTON J.-I do not think that the words "another person " in that
explanation (in section 3 of Ordinance No. 22 of 1871) would justify us in
holding that a declaration of title on the ground of prescriptive possession
could never be successfully claimed unless the claimant was in a position to
show a title
adverse to the whole world. It would, perhaps, not be right to
limit the scope of the words " another person " to the particular
person
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.