082-NLR-NLR-V-57-SONNANDARA-Appellant-and-DINGIRI-ETANA-et-al-Respondents.pdf
Present : Gratiaen, J., and Gunasekara, J.
SONKANDARA, Appellant-, and DUSTGIRT ET.A3STA et al.,Respondents
,ST. C. 4-53—D. C. Kegalle, 6.SS3
Kandyan Raw—Death of person intestate anil issueless—Inheritance—“ Acquiredproperty"—Kandyan Law Declaration and Amendment Ordinance No. 39of J9-3S, proviso to s. 10 (/).
The proviso to section 10 {1) of the Kandyan Law Declaration ami Amend-ment Ordinance confirmed tlio earlier law when it declared :
-“if tho deceased shall not have left surviving him any child
or descendant-, property which had been the acquired property of the personfrom whom it passed to the deceased shall he deemed acquired property oftho deceased. ”
TOC o "1-5" h z
-/^PPEATj from ;t judgment of the District. Court, Kegalle..
C. R. Gunaralne, for the plaintiff appellant..
II. W. Jayeicardene, Q.C., with P. Ranasinghe, for the defendantsrespondents..-
.Cur. adv. vufl.
January 31, 1956. Gratiaen, J.—•
A Kandyan gentleman named Patabenda acquired the land in disputeby purchase in 1S92. Ho died intestate leaving his widow, a son named
1 {1919) 21 Ah L. R. TO.3 {1917) 20 X. L. R. 62.
* {1901) 4 X. L. R. 353.* 4 East. 441.
Appu, ami three dig a, married daughters. Appu accordingly inheritedthe property subject to a life-interest in tho widow Podimonike.-
Appu died intestate and issuolcss ill 1919 and a contest has arisen asto whether upon that event the property, for purposes of devolutionunder the Kandyan Law, constituted paraveni property or “ acquiredproperty We have not been referred to any decisions of this Courtwhich precisely cover this question and it would be unsafe {withoutcloser investigation of the problem) to assume that the proviso to section10 (l) of the Kandyan Law Declaration and Amendment OrdinanceNo. 39 of 193S confirmed the earlier law when it declared :
,“ … .if the deceased shall not have left surviving him any
. child or descendant, property which had been the acquired property
of tho person from whom it passed to the deceased shall be deemed
acquired properly of the deceased. ”
1 Learned Counsel agreed that, if the learned District Judge liascorrectly decided that the land must be regarded as the acquiredproperty of Appu for purposes of succession to his estate in 1919, thejudgment under appeal must be affirmed.
In the absence of earlier authoritative pronouncements of this Court,a problem of this kind cannot bo solved with confidence. Accordingto Dr. Hayley, “ tho somewhat fanciful division of the species of inheri-tance (i.e., under the Kandyan Law before it was codified) docs not appearto provide any canons or principles for tho elucidation of the rules ofintestate succession. ”“ The Laws and Customs of the Sinhalese ”,
page 220.
The Niti-27 iqanduwa indicates at page 103 that, when a Kandyan diesintestate and issucless, any property which had previously passed to himby inheritance as the “ newly acquired ” property of his deceased fatherwould not fall within the category of “ paternal ” or paraveni property.On the contrary, it must be regarded as his “ acquired property ” althoughin fact it had come to him by inheritance from his father. The reason,apparently, is that when a person dies issucless a broad distinction isdrawn between Ins property which had previously t: belonged to hisfather by jmraceni right ” and property which his father had !i acquiredby purchase or other means ”. Perera's Armour pays 47. This distinc-tion lias, in a slightly different context, been recognised in Ukkurala v.Tillckeratne '. When the direct line of descent is broken, the so-called‘■’newly acquired ” property of the deceased’s father is not regarded ashaving at any time formed part of “ the family lands ”. Ilayley (supra),page 221.
For these reasons, I take the view that the proviso to section 10 (1)of the Ordinance is in truth declaratory of the earlier law, and thatthe learned District Judge’s conclusion must bo affirmed.. I wouldaccordingly dismiss the ajipoal with costs.
Guxaskkara, J.—I agree.
Appeal dismissed.
1 (ISS2) 5S.C.C. 4G (F.D.)