Abdul Majeed V. Ummu Zaneera

1959 Present: Basnayake, C. J., K. D. de Silva, J., and
H. N. G. Fernando, J.

ABDUL MAJEED, Appellant, and UMMU ZANEERA et al., Respondents

S. C. 260-D. C. Colombo, 6970/M

    Co-owners-Prescriptive possession by a co-heir-Ouster-Fideicommissum for four generations-Computation of period-Prescription against remainder-men and minors-Burden of proof-Prescription Ordinance (Cap. 55), ss. 3, 13- Evidence Ordinance, s. 114.

On an issue of prescriptive title raised between co-heirs in respect of a property valued at Rs. 75,000 (land 12.61 perches in extent and a building covering practically the whole land)-

Held, by DE SILVA, J., and H. N. G. FERNANDO, J. (BASNAYAKE, C.J., dissenting), that proof that one of the co-heirs let out the premises and appropriated to himself the entire rent (which was not much) for thirty-seven years was insufficient, by itself, .to bring the case within section 3 of the Prescription Ordinance.

Per DE SILVA, J.-" In considering whether or not a presumption of ouster should be drawn by reason of long-continued possession alone, of the property owned in common, it is relevant to consider the following, amo

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