Elpi Nona V. Punchi Singho Et Al.,

1950 Present .- Gratiaen J. and Gunasekara J.

ELPI NONA, Appellant, and PUNCHI SINGHO et al, Respondents

 S. C. 305-D. C. Avissawella, 5,272

Co-owner-His right to build on (lie common property-Scope of such right.

Where certain co-owners claimed a mandatory injunction for the demolition of a building which had been put up by another co-owner on the common-land contrary to their express wishes-

Held, that a co-owner has the right to build on the common property without' the consent of his co-owners, provided that he acts reasonably and to an extend which is proportionate to his share and does not infringe the co-proprietary, rights of his co-owners; more ever, he cannot,, except by mutual consent,, apply the common land to new purposes in such a manner as to alter the intrinsic: character of the property.

APPEAL from a judgment of the District Court, Avissawella.

N. E. Weerasooria, K.C with Frederick W. Obeyesekera and

B. S. C. Ratwatte, for the defendant appellant.

No appearance for the plaintiffs respondents.

Cur. adv. vult.

 November 21, 1950. GRATIAEN J.-

. The plaintiffs are jointly entitled to an undivided 11/24 s

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