PATTIYAWALA SEEVALI THERO

PATTIYAWALA SEEVALI THERO

Vs.

KANUMULDENIYE UPALI THERO

COURT OF APPEAL
NAWAZ., J.
CA/366/2000 (F)
DC MATARA L5499

Viharadhipathiship - Pupilliary succession-Buddhist Temporalities Ordinance, section 4(1)-Abandonment of incumbency-Locus standi

The plaintiff instituted action in the District Court against the defendant seeking inter alia a declaration that he was the Viharadhipathi of Gandara Purana Vihara, and that Bomure Vihara was an appurtenant Vihara of the former by virtue of a deed of gift and therefore he is the Viharadhipathi of the latter Vihara as well. The defendant took up the position that he is the Viharadhipathi of Bomure Vihara on the rule of pupillary succession.

After trial, the District Court held with the plaintiff and the defendant appealed to the Court of Appeal. At the argument before the Court of Appeal, the defendant also contended that the plaintiff has no locus standi to institute the action as the plaintiff was not the senior pupil of the last Viharadhipathi of Gandara Vihara.

Held:

1. Although the defendant contends that the plaintiff was not the senior pupil of the last Viharadhipathi of Gandara Vihara, none of the. other pupils has claimed the Viharadhipathiship by virtue of seniority.

2. The deed by which Bomure Vihara was gifted in 1885 was admitted in evidence without objection. By this deed, the then Viharadhipathi

of Bomure Vihara clearly intended to abandon his rights to Bomure Vihara in favour of the then Viharadhipathi of Gandara Vihara. Abandonment of incumbency by the tutor deprives his pupils of their rights of pupillary succession.

3. It is open to an incumbent to appoint, by deed or last will, any particular pupil as his successor bypassing his senior pupil. However, he cannot nominate a stranger as incumbent to the exclusion of his pupils.

4. The plaintiff has established his right to be the Viharadhipathi of both temples.

Cases referred to:

1. Punchibanda v. Dharmananda Thero (1948) 48 NLR 11
2. Waharaka alias Moratota Sobhita Thero v. Amunugama Ratnapala Thero [1981] 1 Sri LR 201
3. Mapalane Dhammadaja Thero v. Rotumba Wimalajothi Thero 79 (1) NLR 145 at 163
4. Thiagarajah v. Karthigesu 69 NLR 73
5. Eksith Fernando v. Manawadu and others [2000] 1 Sri LR 95
6. Pemananda Thero v. Thomas Perera (1955) 56 NLR 413
7. Dhammadaja Thero v. Wimalajothi Thero (1977) 79(1) NLR 145
8. Dhammajoti Unnanse v. Paranatale (1881) 4 sec 121
9. Gunananda Unnanse v. Dewarakkita Unnanse (1924) 26 NLR 257
10. Amaraseela Thero v. Sasanatillake Thero (1957) 59 NLR 289
11. Terunnanse v. Terunnanse (1929) 31 NLR 161 at 163
12. Ratnapala Unnanse v. Kevitiagala Unnanse (1890) 2 sec 26
13. Unnanse v. Unnanse (1921) 22 NLR 323
14. Gunaratna Unnanse v. Dhammananda (1921) 22 NLR 276
15. Easwatte Dhammarakitta Thero v. Dompe Dharmaratne Thero (1971) 76 NLR 73
16. Piyatissa Terunnanse v. Saranapala Terunnanse (1938) 40 NLR 262 at 263
17. Henepolle Unnanse v. Subita Unnanse 5 sec 235
18. Terunnanse v. Terunnanse (1905) Matara Cases 236
19. Rewata Unnanse v. Ratnajoti Unnanse (1916) 3 CWR 193
20. Sumangala Unnanse v. Sobita Unnanse (1835) 5 sec 235
21. Dhammajoti Thero v. Sobita Thero (1913) 16 NLR 408

22. Saranankara Unnanse v. lndajoti Unnanse (1918) 20 NLR 385 at 400
23. Jinaratana Thero v. Somaratana Thero (1946) 47 NLR 228
24. Piyadssa Terunnanse v. Saranapala Terunnanse (1938) 40 NLR 262
25. Buddharakkita Thero v. The Public Trustee (1948) 44 NLR 325
26. Basnagoda Hemaloka v. Sandanangama Attadassl [1991] 2 Sri LR at 228
27. Punnananda v. Welivitiye Soratha (1950) 51 NLR 372

APPEAL from the Judgment of the District Court of Matara.

S.C.B. Walgampaya, P.C., with Nihal Samarasinghe and Upendra Walgampaya for the Substituted Defendant-Appellant.
 
Champaka Ladduwahetty with Keerthi Sri Gunawardena for the Substituted Plaintiff-Respondent.

cur. adv. vult.

January 18, 2019

NAWAZ., J.

The original Plaintiff Nakulugamuwe Sumanathissa Thero (hereinafter sometimes referred to as "the Plaintiff') institute

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