Appuhamy V. The Doloswala Tea And Rubber Co., Ltd.,

Present: Garvin and Jayewardene A. JJ.  1923.

APPUHAMY  v. THE  DOLOSWALA  TEA  AND  RUBBER  CO., LTD

90-D. C. Ratnapura, 3,508.

Lease for ninety-nine years-Action for declaration of title against lessee by third party-Bights of lessor and lessee to claim compensation for improvements-Bona fide possessor'-Mala fide possessor-Is lessee for ninety-nine years a bona fide possessor ?

A purchased a land from B and leased it for ninety-nine years to C, who planted it with rubber. D, who was an owner of a share, brought an action for declaration of title. A claimed compensation for improvements. The District Judge held that A was not a bona fide possessor as he had notice of D's title at the time of planting, and was not the improver, and dismissed his claim for compensation.

The Supreme Court- held that A was in the circumstances a bona fide possessor and an improver, and that he was entitled to compensation.

There is no reason why such a lessor should not receive compensation for improvements in cases in which he can fairly be said to the improver, though the actual work of improvement was done by his lessee

JAYEWARDEN

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