Present: Porter J. and Jayewardene A.J.  1923.

 SILVA et al. v. KUMARIHAMY.

235-D. C. Ratnapura, -3,681.

Lease of land to owner-Is possession by lessee possession of the lessor ?-Prescription-Evidence Ordinance, s. 116-Estoppel--Res judicata.

A lease to an owner of his own property is not valid in law, and a person who possess his own property under a lease from another does not possess under or on behalf of that other.

Semble, section 116 of the Evidence Ordinance, 1895, applies only to cases in which the owner-lessee is let into possession by the lessor, and does not extend to cases in which the owner-lessee takes on lease a property of which he is already in possession.

In April, 1911, the defendant leased for nine years to M lot X, and the boundaries in the deed of lease included an adjoining block Y, of which M was owner. In 1919, on the termination of the lease, the heirs of M were prepared to surrender the lot leased exclusive of Y. The defendant brought an action against the fourth plaintiff (the widow of M) for rent and ejectment.

The Court held in July, 1921, that under the terms of the lease the fourth plaintiff was b