1922      Present : Ennis and Schneider JJ.

SILVA v. LETCHIMAN CHETTY.

386-D. C. Negombo, 14,106.

Agreement to sell land belonging to vendor and minor children-Consideration paid-Possession by vendee-Adverse possession- Prescription.

A agreed to sell to B by deed in 1893 his share (one-twelfth) and the share of his two minor children (one-twelfth) of a garden, and undertook to get the minors to convey when they came of age. The deed recited that the two shares of the garden were given over to B for possession and improvement from the date of the execution of the agreement, and that A had received the full consideration. B had possession ever since 1893 to date of action. The minors attained the age of majority, twenty-one and fifteen years, before date of action, but did not make any claim during these years.

Held, that B's possession was adverse, and that he had acquired title by prescription to the share of the minors.

THE facts are set out in the judgment. The deed of 1893 was as follows:-

No. 30,525.

Know all men by these presents that I, Warnakulasuriya Alensokuttige Dominikko Fernando of Second Division of Kurana, Bolawala