1921. Present : Bertram C.J.

KIRIMENIKA v. MENIKHAMY.

10-C. R. Ratnapura, 16,748.

Informal partition among members of a family-Adverse possession- Permissive agreement-Possession of definite blocks for a long time-Presumption that possession became adverse.

When members of a family make an informal but definite partition of their lands, and each party enters into possession of his share, then the possession of the several shareholders becomes adverse from the date of their doing so, and title by prescription can be acquired.

Whore the arrangement is permissive, then each co-owner must be deemed as possessing on behalf of himself and others, unless the arrangement continues so long that on equitable grounds it is presumed that at some point it became adverse. Such a presumption is only drawn upon a consideration of all the circumstances of the case.

THE facts are set out in the judgment.

R. L. Pereira, for appellant.

E. G. P. Jayatilake, for respondent.

July 18, 1921. BERTRAM C.J.-

This is a dispute between two members of a Kandyan family with regard to a land which forms part of the family inheritance. It was at one time possess