1951 Present : Dias S.P.J. and Gratiaen J.

PEERIS et al., Appellants, and SAVUNHAMY, Respondent.

S. C. 121-D. C. Chile, 2,596

Actio rei vindicatio-Burden of proof-Boundaries--Statements in deeds between third parties--Evidentiary value-Evidence Ordinance, s. 32-Finding of fact- Power of appellate Court to reverse it.

Where, in an action for declaration of title to land, the defendant is in possession of the land in dispute the burden is on the plaintiff to prove that he has dominium.

For the purpose of identifying the land in dispute, statements of boundaries in title deeds between third parties are not admissible under section 32 of the Evidence Ordinance.

A finding of fact may be reversed on appeal if the trial Judge has demonstrably misjudged the position.

APPEAL from a judgment of the District Court, Galle.

H. V. Perera, K.C., with H. W. Jayewardene and J. W. Subasinghe, for the defendants appellants.

A. L. Jayasuriya, with E. A. G. de Silva, for the plaintiff respondent.

Cur. adv. vult.

208

April 26, 1951. DIAS S.P.J.-

In this case the plaintiff seeks to vindicate title to an undivided 1/6th share of a land which she calls