Present. Schneider J. and Jayewardene A. J.

BARTHOLOMEUSZ v. HUTT.

184-D. G. Kandy, 26.

Waste Lands Ordinance-Claim for half-improved value-Reference to Court-Powers. of District Court-Statement of claim-Parties to reference-Ordinance No. 1 of 1897, ss. 6 (b) and 8.

Where a claim made under the Waste Lands Ordinance before the Assistant Government Agent that a land be settled on the, claimant upon his paying the half-improved value was referred to the District Court, and where the District Judge declared the claimant absolutely entitled to a portion of the land in claim.

Held, that the. Court had no power to grant the claimant a larger right than that claimed by him in the statement of claim.

Obiter-The proceedings in Court should be confined to the persons named in the reference, except in the special case contemplated by section 8 of the Ordinance.

APPEAL from a judgment of the District Judge of Kandy in a reference made to Court under the Waste Lands Ordinance, by the Assistant Government Agent of Kandy, of a claim made by the first respondent that an allotment of land called Welikanda of the extent of 5 acres 3 roods and 8. 8 per