1937 Present: Abrahams C. J. and Fernando J.

RAYMOND v. WIJEYWARDENE.

20-D. C. Kurunegala, 18,365.

Possessory action-Possession for a year and a day-Predecessor's possession- Dispossession by predecessor-Prescription Ordinance. No. 22 of 1871. s. 4.

In a possessory action the plaintiff is entitled, in calculating the essential period of a year and a day to take advantage of the possession of his predecessor in title, even though the person dispossessing him happens to be his predecessor in title.

APPEAL from a judgment of the District Judge of Kurunegala.
 
H. V. Perera, K. C. (with him F. A. Tisseverasingam), for plaintiff, appellant.
 
F. A. Hayley, K. C. (with him Barr Kumarakulasingam), for defendants, respondents.

 Cur. adv. vult.

November 24, 1937. ABRAHAMS C. J. -

The plaintiff-appellant instituted this-action for the recovery of possession of a coconut estate of about a hundred acres in extent which was mortgaged to him by the defendants-respondents who all joined in the mortgage bond. What their various titles and interests were in the said estate did not emerge during the action, since the case was fought out entirely