Supreme Court
Action No. 342 of 1981
8th March, 1982
Alcantara, J.

Mr. Denys Barrow for the Applicant.

Real Property - Declaration of title in respect of land - Section 42 of Law of Property Ordinance, Chapter 193 - Section 42 not applicable to continuous and undisturbed possession - Petition dismissed.

Following the reasoning in the decision of this Court in Action 239 of 1981 dated 18th November, 1981 I am not satisfied that Section 42 of the Law of Property Ordinance, Cap. 193 is applicable to this case.

The Petitioner is claiming title because she bought the lot in 1958 without any documents being executed at the time. She now wants to perfect her title by saying that she and her predecessor in title have been in continuous and undisturbed possession of the lot in question for over 30 years. Section 42 was never meant to be applied to a situation such as this. The title of the Petitioner can still be perfected by a number of conveyances being now executed by the parties concerned or their personal representatives. In any case she cannot claim 30 years continuous and undisturbed possession taking into account that she entered into possession of the land only 23 years ago and by virtue of a purchase from a stranger. If the land had been in her family over 30 years the position might well be different.

Petition dismissed.

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