Sideris Et Al. V. Simon Et Al.,

1945 Present: Howard C.J. and Canekeratne J.

SIDERIS et al, Appellants, and SIMON et al., Respondents.

57-D. C. Colombo, 2,880.

Prescription-Co-owners-Long continued and undisturbed possession-Presumption of ouster-Question of fact.

In an action between co-owners the question whether a presumption of ouster may be made from long continued and undisturbed and uninterrupted possession is one of fact, which depends on the circumstances of each case.

APPEAL from a judgment of the District Judge of Colombo.

H. V. Perera, K.C. (with him S. P. Wijewickrema), for the first to fourth defendants, appellants.

N. E. Weerasooria, K.C. (with him M. D. H. Jayawardene), for the plaintiffs, respondents.

Cut. adv. vult.

June 18, 1945. HOWARD C.J.-

The first to fourth defendants appeal against a judgment of the Additional District Judge of Colombo, declaring the plaintiffs entitled to an undivided share in certain land, and ordering that the first to fourth defendants be ejected therefrom and the plaintiffs placed in possession.

The plaintiffs claimed that they and the fifth defendant were jointly entitled to the land in dispute and that the

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