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RAKI v. LEBBE et al.


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






































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