Present: Pereira J.

AYANAHAMY v. SILVA.

Undertaking to abide by the ruling of the Court-Restriction-Adverse possession.

An undertaking by a party to an action to abide by a ruling of the Court is of no avail, unless the opposite party is himself prepared to acquiesce in the decision.

A person who possesses land of smother without being aware that it belongs to that other person may still acquire as against him prescriptive rights in respect of the land.

Observations on the term " adverse possession " as understood under our law.

THIS was an action for declaration of title. The learned Commissioner held that the defendant had acquired title to the land by prescription, but ordered him nevertheless to pay plaintiff Rs. 25. Both parties appealed.

A. St. V. Jayewardene, for the plaintiff. -The defendant consented to abide by the order of the Court. He has no right so appeal against the judgment of the Court. See Babunhamy v. Andris Appu, 1 Gooneratne v. Andradi. 2

The defendant possessed the land by mistake. He did not know that the land belonged to the plaintiff. He did not intend to appeal possess it adversely t