Charles V. Themanis Et Al.,

1933 Present: de Silva A.J.

CHARLES v. THEMANIS et al.

 218-C. R. Panadure, 1,449.

    Co-owner-Objection to another building on common property-Right to an injunction-Cannot be compelled to bring partition action.

A co-owner, who objects to another co-owner, building upon the common property is entitled, in an action for a declaration of title, to ask for an injunction restraining the defendant from building.

He cannot be compelled in the circumstances to institute a partition action.

APPEAL from a judgment of the Commissioner of Requests, Panadure.

Ranawake, for plaintiff, appellant.

Rajapakse, for defendant, respondent.

Cur. adv. vult.

March 27, 1933. DE SILVA  A.J -

The plaintiff instituted this case for a declaration that he was entitled to un undivided 1/8 plus 1/24 of a land called Medawatta. He stated in the 9th paragraph of the plaint that the defendant denied his title and was " unlawfully and forcibly and against the plaintiff's consent" attempting to put up a house on the land. He stated further that the defendant's object was to prevent him from being allotted that portion of the land should a partition be made.

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