048-NLR-NLR-V-31-ABEYGUNESEKERA-v.-SUROYADASA.pdf

1929.
Driebbrg J.
Abeygune-sekere v.Suriyadasa
( 188 )
alteration unless done in the circumstances stated in section 6 (a)*i.e.t if it was'a wall of a thatched and mud and wattle buildingrendered unfit for habitation by stress of weather or similar cause.
It appears to one that a reconstruction of a partition wall is aconstruction within the meaning of section 6 (2) (c), there beingnothing to limit it to an entirely new construction. Further,this meaning of the word is in keeping with the purpose and intentof the Ordinance.
I was referred to the case of Silva v. Thabrew.1 The circumstancesin that case were exceptional, the accused having replaced roofingmaterial which had been temporarily removed by the authoritieson an outbreak of plague; no new material was used in there-roofing.
The appeal is dismissed.
Appeal dismissed.