1948 Present : Dias and Basnayake JJ.
 
JANE NONA, Appellant, and GUNAWARDENE,
Respondent.
 
S. C. 193-D. C. Negombo, 13,959

Prescription-Execution sale-Debtor in possession after sale-Interruption- Delivery of possession by Fiscal-Undivided share-How far delivery valid-Civil Procedure Code-Section 288.
 
Appellant mortgaged an undivided half share of a field which was sold in execution and purchased by M. Order for delivery of possession was issued and the Fiscal reported that he was unable to trace the co-owners and that the purchaser failed to attend to receive possession. The Fiscal then purported to act under section 288 of the Civil Procedure Code and deliver possession to the purchaser. Appellant continued in possession of the field.
 
Held, (i) that a judgment debtor who continues in adverse possession after a sale in execution can acquire title by prescription ;
 
(ii) that symbolical possession by a purchaser at a court sale is not interruption of such possession. There must be an interruption of actual physical possession.
 
(iii) Where property is not in the occupation of anyone section 288 of the Civil Procedure Code has