Maria Et Al. V. Fernando Et Al.

Present: Pereira J.

MARIA et al. v. FERNANDO et al.

259-C. R. Negombo, 20, 382.

Action for definition of boundaries--when it lies.

An action for defining and settling boundaries was provided for by the Roman-Dutch law whenever the boundaries of lands belonging to different owners had become uncertain, whether accidentally or through the act of the owners or some third person. The onus of proving the essential facts in such an action was on the plaintiff, but the action was not allowed to one co-owner against another when a boundary of the common property and one of a property belonging exclusively to one of the co-owners had become " mixed up. "

Under our procedure an action for the definition of boundaries would be a proceeding in the nature of an application for relief referred to in section 6 of the Civil Procedure Code, the fact justifying the application being that the boundary between the lands of the parties has become uncertain. No specific " cause of action, " as the term is defined in section 5, is necessary.

THE first plaintiff (wife of second plaintiff) was the owner of the land called Ambagahawatta. She averred in her p

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