— xxxvn — 





Abdullatif v. Mahomed Meeea Lebe. 

 Action to recover possession of a certain piece or parcel of 



After hearing the evidence of both parties, plaintiff Nonsuited 

 with Costs. 



N. B. — In this case, it was proved that in the territories of 

 Malacca the owners of the soil and the cultivators of it are entire- 

 ly distinct persons, except in. and in the immediate vicinity of, the 

 Town. 



That the owner of the soil cannot eject the cultivator as long 

 as he continues to pay him a certain portion of the produce — gene- 

 rally one-tenth. 



That the owner of the soil may sell, or otherwise dispose of 

 his interest, without prejudice to the cultivator, and the cultiva- 

 tor vice versa. 



That in case the cultivator allows the land to lie waste, the 

 owner of the soil may eject him by due process of law. 



That the fact of lands lying uncultivated for periods, is evi- 

 dence of waste. 



That the period for paddy is ... ... 3 years. 



Cocoa-nut trees and other fruit-trees is ... 3 years. 



G-ambier, ... ... ... 1 year. 



Pepper, ... ... ... 1 year.* 



SUPREME COURT, 



Malacca. 



Before Sir P. Benson Maxwell, 0. J. 



March 17, 1870. 

 Saiirip v. Mitchell and Endain. 



Trespass. Meaning of the expression " hold by prescription " 

 ui-ed in sec. 12 of Indian Act 16 of 1839, with respect to lands in 

 Malacca. 



* Extracted from the Civil Court Book for Malacca, Yol. 1. 



