Present : Schneider J.  1922

APPUHAMY et al. v, APPUHAMY et al.

153-C. R. Dandugamuwa, 5,420

Adverse user of a path when land mat being planted under an agreement by a planter-Right of way acquired as against owner and planter- Right of way acquired by a person over land of which he was co-owner,

A used a path over B's land for over ten years, when the land was being planted by C under a planting agreement with B.

Held, that A acquired a title by prescription to the right of way against both B and C,

The planter is on the land for a limited purpose, namely, the planting of the land and the possession, in fact and in law, is with the owner of the land, and, therefore, rights acquired against the land would be adverse to the owner as well as to the planter in so far as the planter's interests are concerned in the land.

Plaintiffs used a path over defendants' land for over ten years. The first plaintiff was a planter under the predecessor of defendant, and was as such a co-owner.

Held, in the circumstances, that the plaintiffs' user was adverse to defendant and his predecessor, in spite of the fact that the first plaintiff was a co