Wiraratne vs Ensohami – clr volume 3 page 049_2

In the dispute between the plaintiff (holder of the Crown grant to Lintottemullewatte, acquired in August 1891) and the defendants (including parties claiming through Henderick Vidane, asserting rights based on adverse possession, inheritance, and long-standing cultivation), the court examined the application of Section 8 of Ordinance No. 12 of 1840, the nature of the right to a Crown grant, and the validity of the grant in light of alleged representational inaccuracies. It was held that the right to a grant from the Crown is personal and non-transferable to heirs, that the Crown’s title cannot be adversely affected by procedural misrepresentations, and that long-term cultivation with payment of tax does not amount to adverse possession. The decision reaffirmed the principle that Crown gra

REF: clr volume 3 page 049_2 Category: Tag:
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