1956  Present: Sinnetamby, J., and L. W. de Silva, A. J.

K. E. SEYED MOHAMED et al., Appellants, and
M. C. PERERA et al., Respondents

S. C. 313-D. C. Kandy, 2841/L

Evidence-Actio rei vindicatio-Boundaries of land in dispute-Deeds tendered in evidence without objection by opposing party-Evidentiary value of statements therein-Civil Procedure Code, s. 154-Evidence Ordinance, ss. 32, 91, 92.

To identify the promises in dispute in an action for declaration of title to immovable property, the Court may take into consideration statements of boundaries in title deeds of adjoining lands belonging to persons who are strangers to the action and who have not been called to give evidence. The evidence of such title deeds may become inadmissible only if objection to their production is taken in the court of first instance; they cannot be objected to for the first time in appeal.

 Peeris v. Savunhamy (1951) 54 N. L. R. 207 and Solomon v. William Singho (1952) 54 N. L. R. 512, not followed.

APPEAL from a judgment of the District Court, Kandy.

C. Thiagalinqam, Q.C., with E. G. Wikramanayake, Q.C. T. A. Dunuwila, and V. Arulambalarn, for the plai