HAG MOHAMMED OSMAN ABU GIRGA, Appellant-Defendant v. MOHAMMED OSMAN HUSSEIN, Respondent-Plaintiff
Prescriptwn-Agent or trustee owner of land cannot prescribe against such
owner
A person who is in possession of land merely on behalf, of the Q}Yller
cannot prescribe against that owner.
Title of Lands Ordinance 1899, 5. -6 (vi).
Appeal
March 29, 1913. Wasey Sterry, Acting J.e.:'
This is an appeal against decision of e. A. Ball Esq." settlement
officer, dated January 11, 1913.
·Court: Wasey Sterry, Acting J.C.
In my opimon the appellant is i entitled to juogement. I!lni
satisfield on the facts that the respondent was agent and trustee for
the appellant. This being the case, it appears to me that he cannot
claim by prescription: inasmuch as under the provisions of section
6 (VI) of the Title of Lands Ordinance 1899 the possession of tlie
agent is to be considered as the possession of the principal.
The land must therefore I be registered in the" name of Heirs
of Osman Arabi and Mohammed Osman Hussein must pay the costs
of appeal. viz., PT.25, to EI Hag Mohammed Abu Girga.
Ap"peal allowed