Kanapathipillai V. Meerasaibo

1956 Present: Sansoni, J., and H. N. G. Fernando, J.

M. KANAPATHIPILLAI, Appellant, and M. MEERASAIBO et al., Respondents

S. C. 168-D. C. Batticaloa, 753/L

Co-owners-Prescription-Transfer of entire land by a co-owner-Transferee's right to prescribe against the other co-owners-Ouster.

When a co-owner conveys the entire land held in. common to a stranger and the latter is aware, at the time he obtains the conveyance, that his vendor is only a co-owner and not the sole owner of the land, prescription will begin to run in the purchaser's favour against the the other co-owners only if there has been an ouster or its equivalent.

APPEAL from a judgment of the District Court, Batticaloa.

G. Ranganathan, with P. Naguleswaram, for the plaintiff appellant

G. F. Sethukavalar, for the defendants respondents.

Cur. adv. vult.

February 27, 1956. SANSONI, J.-

The land in dispute in this case formerly belonged to Sinnaver Kanepathi who died about the year 1934. She had two sons Kannappan and Eliathamby. Kannappan pre-deceased his mother and his share devolved on his four children Ponnamma, Purannam, Nagamma and Katpagam, each of whom became

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