1948 Present : Dias and Basnayake JJ.

FERNANDO, Appellant, and SAMARASEKERE,
Respondent.
 
S. C. 175-D. C. Negombo, 13,550

Civil Procedure Code-Averment in plaint-No denial in answer-Admission- Section 75.
 
Where a defendant does not deny an averment in the plaint he must be deemed to have admitted that averment.
 
APPEAL from a judgment of the District Judge, Negombo.
 
S. W. Jayasuriya, for the defendant, appellant.
 
H. A. Kottegodda, for the plaintiff, respondent.

Cur. adv. vult.

March 19, 1948. BASNAYAKE J.-
 
This is an action for declaration of title to certain undivided shares in an allotment of land called Delgahawatta at Madelgomuwa in the District of Negombo. The defendants appeal from the judgment of the learned District Judge.
 
The only point taken by counsel for the appellant is that there is no evidence to show that the plaintiffs are the heirs of one Miguel Appuhamy to whom along with three others the land in question was allotted in common in partition proceedings in the Court of Requests of Gampaha.

It appears from the plaint that Miguel Appuhamy died leaving the third to the eighth plaintiffs as his heirs. While