Bastian Appuhamy V. Haramanis Appuhamy

1945 Present: Soertsz A.C.J. and Canekeratne J.

BASTIANAPPUHAMY, Appellant, and HARAMANIS APPUHAMY,.
Respondent.

97-C. R. Gampaha, 2,463.

Possessory action by lessee-Value of the subject-matter-Jurisdiction- Prescription Ordinance (Cap. 55), s. 4.

Where the plaintiffs, as lessees of a certain land, brought a possessory action against the defendants who claimed to be on the land as the tenants of a different owner,-

Held, that in a possessory action, whether brought by a plaintiff suo nomine or as lessee, the subject-matter is the right to possess the whole land, without limitation in point of time, and the jurisdiction of the Court is determined by the value of that right.

THIS was a case referred by Wijeyewardene J. to a Bench of two Judges, under section 48 of the Courts Ordinance. The question for decision was whether when a possessory action is brought by a lessee the jurisdiction of the Court should be determined by the value of the remainder of the plaintiff's lease.

H. W. Jayewardene (with him G. T. Samarawickreme), for the plaintiffs appellants.-The question for decision is whether the test of jurisdiction i

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