LANKANANDA THERO

Vs.

PIYANANDA THERO

COURT OF APPEAL
LAFFAR, J.
KARALLIYADDE, J.
CA/DCF/407/1996
DC MT LAVINIA 205/ZL
AUGUST 2, 2021

Buddhist Temporalities Ordinance, No. 19 of 1931, sections 3, 4(2), 23-Sanghika property-Private property-Method of succession of viharadhipathiship-Pupillary succession (shishshanu shishaya parampanawa)-Evidence Ordinance, section 58-Admissions

The plaintiff instituted action in the District Court seeking a declaration that the plaintiff is the viharadhipathi of the temple in suit and eviction of the 1st and 200 defendants. The plaintiff alleged in the plaint that the provisions of the Buddhist Temporalities Ordinance, No. 19 of 1931, applied to the temple and that it is a sanghika property and the method of succession of viharadhipathiship of the temple is line of pupillary (shishshanu shishaya parampanawa) and according to pupillary succession the plaintiff is entitled to a declaration that he is the viharadhipathi of the temple. The defendant took up the position that the temple is a private

(pudgalika) property of Rev. Madawala Sunanda Thero who was the first viharadhipathi of the temple and since it