The New Law Reports Volume 10 (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Present: The Hon. Mr. A. G. Lascelles, Acting Chief 1906. Justice, and Mr. Justice Wendt. june 5. SEGOE MOHIDEEN v. ISMAIL LEBBE MARICAR. D. C., Colombo, 21,973. Heir ab intestato, possession by?Appointment of administrator?Pre- scription?Sale by administrator?Title?" Adverse possession "? Ordinance No. 22 of 1871, . 3. Held, that possession by heirs succeeding ab intestato is, always, a possession subject to the title of it legal representative, if one should be appointed; but that it is competent for an heir, after the appointment of an administrator, by overt acts to change tho character of his possession into an " adverse " one. Held, also, that the onua is on thtf heir, in such a, case, to prove wheu, and how, his subordinate and derivative possession becamu converted into an "adverse" one; and that the mere enjoyment of the rents and profits, or the erection of buildings, or the making of other improvements, would not amount to proof of such " adverse " possession, as such acts arc not inconsistent with possession as an heir only. CTION rei vindicatio. One Casie Lebbe, being owner of the premises in dispute, died intestate on 12th June, 1892. Administration was granted to his estate in August, 1904, in case No. 1,884, D. C., Colombo; the administrator sold the property by public auction in February, 1905, and it was purchased by the plaintiff, who obtained a conveyance dated 2nd May, 1905. The plaintiff sought to vindicate the premises from the defendants, who were in possession. The first defendant, admitting that Casie Lebbe was the owner and that he died intestate, alleged that he was his sole heir, and that as such he has been in possession since 1892, and had acquired title by prescription. The other defendants claimed to be tenants of the firs...