Sadirisa V. Attadasi Thero

1936 Present : Akbar and Koch JJ.

SADIRISA v. ATTADASI THERO

115-D. C. Avissawella, 1,660.

Possessory action-Brought by one co-owner against another-Nature of possession required-Possessio civilis-Roman-Dutch law. A co-owner of a land may maintain a possessory action against another provided the other co-owners are parties to the action, whether as plaintiffs or defendants.

In such an action the plaintiff must establish that his possession was possessio civilis.

Silva v. Sinno Appu (7 N. L. R. 5) followed. APPEAL from a judgment of the District Judge of Avissawella.

N. E. Weerasooria (with him T. S. Fernando), for defendants, appellants.

Rajapakse (with him D. W. Fernando), for plaintiff, respondent.

Cur. adv. vult.

July 15, 1936. AKBAR J.-

The plaintiff brought this action originally claiming title to a certain land and alternatively on a second cause of action, claiming a possessory

decree in respect of this land. On the plaint, as regards the first cause of action, he became entitled only to a l/10th undivided share of the land claimed from the owner of the land on a deed of gift (P 1) dated April 12, 1914, executed by the

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