SATKUNAM AND OTHER VS. AMBIKAIAMMAHA AND OTHERS

SATKUNAM AND OTHER
VS.
AMBIKAIAMMAHA AND OTHERS

COURT OF APPEAL
WIMALACHANDRA, J
CA LA 317/2006 (LG)
DC JAFFNA 166/MISc
AUGUST 16, 2008

Injunction - Charitable Religious Trust - Managed by hereditary trustee -Trust Ordinance section 102 (1), Section 102 (1) (f), section 102 (1) (i) -Section 102 (1) (s) - Is it imperative to comply with section 102 (3) before-filing action?

The Plaintiff instituted action on the basis that, families of the Plaintiff were the worshippers who conduct and perform the annual celebrations of the "Kovil" -and the festival of the Temple, and sought an injunction preventing the Defendants from obstructing the Plaintiffs in holding the festival.

The Court after inquiry granted the injunction as prayed for.

In the Leave to Appeal application filed by the Plaintiff with leave being granted, the Defendant contended that, the Plaintiffs have failed to comply with section 102(1) of the Trust Ordinance and that, (he Plaintiffs are only devotees and they have no connection with the administration of the Temple.

Held:

(1) According to Section 102 (1) before filing an action the Plaintiffs are required to

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