Perera V. Pelmadulla Rubber And Tea Co.,

1913 Present: Lascelles C.J. and Pereira J.

PERERA v. PELMADULLA RUBBER AND TEA CO. et. al.

22-D. C. Ratnapura, 1,873.

Co-owner-Right to compensation for improvements effected by him- Is bona fide possessor obtaining a certificate of quiet possession entitled to compensation from owner ?-Ordinance No 12 of 1840, s. 7.

A co-owner building on common property has no larger rights to compensation than a bona fide improver of property which was not his own. He is entitled to either the value of the improvements, that is, to the difference between the original and the enhanced value of the property, or to the costs of improvements, whichever is less.

A bona fide possessor paying a sum of money to the Crown for obtaining a certificate of quiet possession was held not entitled to claim that sum as compensation for improvements from the owner of the land.

LASCELLES C.J.-There can be no objection as to the advantage of paying off a mortgage on a property, but the advisability of obtaining a certificate of quiet possession may vary according to circumstances and the position of the owner Ordinance No. 12 of 1840 lends no sanc

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