A Digest of the Decisions of the Supreme Court Sitting At Colombo, Since the Promulgation of the Charter of 1833 ..
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dismiss- ing an Infor- mation by the Q. A. for breach of Ord.
No. 12 of 1840 set aside, and the case remanded back to the D. C. for fur- ther investi- gation.
Certain evi- dence for the Crown led before the D.
C. held suffi- cient primA facie proof of the Crown's title to land, so as to call on the Deft, to rebut such proof The words of the Ordinance " probable December 16th' (C. S. T.) 997. — Malhamt/ and others v • PuUttgooralte.
The defendant could not adduce in evidence against the plaintif...fs in the present suit the judgment in the former case 6327, as the plaintiff's were not parties to that former case, nor do they claim under their mother, who was the plaintiff therein, and suing in her own right and behalf- [iVo. 16,884, D. C Kmdy (Coll.; Bec&mher l^rd, (C, S. T.) 998.— TAe Qiteen v, Hahihoo Mohamadoo.
[From ' Murray's Eeports,' pp. 51 to 62.] This was an lat'ormation preferred by the Queen's Advocate under and for breach of the Ordinance No. 12 of 1840, inasmuch as the defendant did 'knowingly and unlawfully, and ' without probable claim, or pretence of title, ' encroach upon and take, possession of the piece ' of Crown- land called Assedinnay Watte- of the ' extent of half an acre, and of iho value of £10, ' situate at Gampola.' The Information was laid on the 1st clause of the Ordinance which enacts ' That it shall and ' may be lawful for the District Court, upon ' Information supported by affidavit^ charging ' any person or persons with having, without ' probable olaim, or pretence of title, entered ' upon or taken possession of any land which ' belongs to Her Majesty, her heirs or 'successors, to issue its summons for tbe ' appt arance before it of the party or par- ' ties alleged to have so illegally entered ' upon or taken possession of such laud, ' and of any other person or persons whom ' it may be necessary or proper to examine 'asawiiness or witnesses, on tiie hearing of ' such Information ; and the said District Court ' shall proceed in a summai'y way iu the 461 1846.' ' pi'fsence of the parties, or in case of wilful ' absence of any person against whom any ' such iDformatioQ shall have been laid, then in ' his absence, to hear and determine such Infor- ' Diatiou ; and, in case on the bearing thereof, ' it shall be made to appear by the examination ' of the said party or parties, or other sufficient 'evidence, to the satisfaction of such District ' Court, that the said party or parties, against 'whom such Information shall have been laid, ' hath or have entered upon or taken possession ' of the land mentioned or referred to in such ' Information, vitiiout any probable claim or ' pretence of title, and that such party or ' parties hath or have not cultivated, planted, ' or otherwise i^iprovcd and held uninterrupted ' possession jI sueb land for the period of • thirty years or upwards,' [limited to five instead of thirty years by Order of the Privy Council of Wth August 1841.] ' then, and ' not otherwise such District Court is hereby ' authorised and required to make an order, ' directing such party or parties to deliver up ' to Her Majesty, her Heirs, or successors, 'peaceable possession of such laud, together ' with all crops growing thereon, and all build- • ings and other immoveable property upon ' and affixed to the said land, and to pay the ' costs of such Information." The Defendant pleaded not guilty.
What to read after A Digest of the Decisions of the Supreme Court Sitting At Colombo, Since the Promulgation of the Charter of 1833 ..?
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To quickly assess the difficulty of the text, read a short excerpt:
dismiss- ing an Infor- mation by the Q. A. for breach of Ord.
No. 12 of 1840 set aside, and the case remanded back to the D. C. for fur- ther investi- gation.
Certain evi- dence for the Crown led before the D.
C. held suffi- cient primA facie proof of the Crown's title to land, so as to call on the Deft, to rebut such proof The words of the Ordinance " probable December 16th' (C. S. T.) 997. — Malhamt/ and others v • PuUttgooralte.
The defendant could not adduce in evidence against the plaintif...fs in the present suit the judgment in the former case 6327, as the plaintiff's were not parties to that former case, nor do they claim under their mother, who was the plaintiff therein, and suing in her own right and behalf- [iVo. 16,884, D. C Kmdy (Coll.; Bec&mher l^rd, (C, S. T.) 998.— TAe Qiteen v, Hahihoo Mohamadoo.
[From ' Murray's Eeports,' pp. 51 to 62.] This was an lat'ormation preferred by the Queen's Advocate under and for breach of the Ordinance No. 12 of 1840, inasmuch as the defendant did 'knowingly and unlawfully, and ' without probable claim, or pretence of title, ' encroach upon and take, possession of the piece ' of Crown- land called Assedinnay Watte- of the ' extent of half an acre, and of iho value of £10, ' situate at Gampola.' The Information was laid on the 1st clause of the Ordinance which enacts ' That it shall and ' may be lawful for the District Court, upon ' Information supported by affidavit^ charging ' any person or persons with having, without ' probable olaim, or pretence of title, entered ' upon or taken possession of any land which ' belongs to Her Majesty, her heirs or 'successors, to issue its summons for tbe ' appt arance before it of the party or par- ' ties alleged to have so illegally entered ' upon or taken possession of such laud, ' and of any other person or persons whom ' it may be necessary or proper to examine 'asawiiness or witnesses, on tiie hearing of ' such Information ; and the said District Court ' shall proceed in a summai'y way iu the 461 1846.' ' pi'fsence of the parties, or in case of wilful ' absence of any person against whom any ' such iDformatioQ shall have been laid, then in ' his absence, to hear and determine such Infor- ' Diatiou ; and, in case on the bearing thereof, ' it shall be made to appear by the examination ' of the said party or parties, or other sufficient 'evidence, to the satisfaction of such District ' Court, that the said party or parties, against 'whom such Information shall have been laid, ' hath or have entered upon or taken possession ' of the land mentioned or referred to in such ' Information, vitiiout any probable claim or ' pretence of title, and that such party or ' parties hath or have not cultivated, planted, ' or otherwise i^iprovcd and held uninterrupted ' possession jI sueb land for the period of • thirty years or upwards,' [limited to five instead of thirty years by Order of the Privy Council of Wth August 1841.] ' then, and ' not otherwise such District Court is hereby ' authorised and required to make an order, ' directing such party or parties to deliver up ' to Her Majesty, her Heirs, or successors, 'peaceable possession of such laud, together ' with all crops growing thereon, and all build- • ings and other immoveable property upon ' and affixed to the said land, and to pay the ' costs of such Information." The Defendant pleaded not guilty.
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