054-NLR-NLR-V-03-CHELLAPPA-v.-PONNAMBALAM.pdf
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1898.
January 13.
CHELEAPPA v. PONNAMPALAM..
C. R., Jaffna, 23,035.
Co-owners of land—Right of one to share of proceeds of plantation by theother—Planter’s liability—His right to the crop.
One of two co-owners of a parcel of land who plants half of it, isbound to give the other, as part owner of the land, his share of theproceeds of the cultivation.
TN this case the defendant, a co-owner with the plaintiff of a-*• parcel of land, had planted half the land. The plaintiff, aspart owner of the soil, claimed a share of the crop. The Courtbelow held that the plaintiff was not entitled, and dismissed hisclaim.
On appeal—
Civilly, for plaintiff, appellant.
13th January, 1898. Lawrie, A.C.J.—
I am unable to agree with the Commissioner that one of twoco-owners who plants half a land, leaving the other half unplanted,can refuse to give his co-owner half of the landowner’s share onthe produce. Of course, the cultivator is entitled to the whole ofthat share of the crop which by law and custom appertains to theplanter or cultivator, but the owners’ share must be divided amongthe owners in the proportion of their shares.
I set aside, and give judgment as claimed, with costs.