1913 Present: Pereira J.

BANDA et al. v. MAHATMAYA.

74-C. R. Ratnapura, 12,422.

Action under a. 247, Civil Procedure Code-Proof of possession-Shifting burden of proof of title to other side.

In an action under section 247 of the Civil Procedure Code, although the question involved is one of title and not merely of possession, it is, nevertheless, open to either pasty to prove possession as presumptive evidence of title, and, thus shift the burden of displacing the presumption on to the other side.

THE facts appear from the judgment.

H. A. Jayewardene, for defendant, appellant.

J. Grenier (with him de Silva), for plaintiffs, respondents.

June 11, 1913. PEREIRA J.-

This is an action under section 247 of the Civil Procedure Code brought by an unsuccessful claimant of property seized in execution. The Commissioner; holds that the plaintiffs have produced very strong documentary evidence to show that they and their predecessors in title have been in possession of the land in claim since 1869, but he, at the same time, says that he is convinced that the land was originally property of the Crown. On this it is argued that the plaintiffs can