1954 Present: Gratiaen J. and Fernando A. J.

D. P. PALISENA, Appellant, and K. K. D. PERERA,
Respondent

S. C. 58-D. C. Ratnapura, 9,081

Land Development Ordinance (Cap. 320)-Permit-holder-His right to maintain actio rei vindicatio.

A permit-holder under the Land Development Ordinance enjoys a sufficient title to enable him to maintain a vindicatory action against a trespasser.

APPEAL from a judgment of the District Court, Ratnapura.

H. V. Perera, Q.C., with E. A. D. Atukorale, for the plaintiff appellant.

H. W. Jayewardene, with G. P. J. Kurukulasuriya and P. Ranasinghe, for the defendant respondent.

Cur. adv. vult.

July 16, 1954. GRATIAEN J.-

On 24th January 1947 the Government Agent of the Sabaragamuwa Province issued in favour of the plaintiff a permit under the provisions of the Land Development Ordinance (Cap. 320), in respect of certain allotments of Crown land. The plaintiff has sued the defendant, whom he alleges to be a trespasser on the land, for ejectment and for consequential relief. The defendant raised a number of defences to this claim, including a plea that in any event a " permit-holder " under the Ordinance was not ent