1946 Present: Howard C.J

PERERA, Appellant, and PODISINGHO et al., Respondents.

132-C. B. Panadure, 9,881.

Co-owners-Erection of building on common land by one co-owner-Protesting co-owner?s right to obtain mandatory order for demolition-Joiner of other co-owners as parties-Not a condition precedent.

The defendant built a house on the common land without the consent of the plaintiff, a co-owner, and depriving the. latter of her right to put up a building on the road frontage.
    
Held, that, that when one co-owner has erected a house on t o common land without the consent of another co-owner the latter can obtain a mandarin order for the demolition of the building. There is no rule of law that, in such a case, the plaintiff should join all the other co-owner of the land as parties.

De Silva v. Karaneris (1978) 10. L. Rec. 28, followed.

APPEAL from a judgment of the Commissioner of Requests of Panadure

H. V. Perera, K.C. (with him U. A. Jayasundere and L. C. Weeramantry), for the defendant, appellant.

G. P. J. Kurukulasuriya (with him C. Dias), for the plaintiffs, respondents. -

Cur. adv. vult.

July 3, 1946. HOWARD C.J.-
   
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