MUDALIHAMI v. BANDIRALA.

MUDALIHAMI v. BANDIRALA.

C. R., Matale, 1,763.

 

Kandyan Law-Acquired property-Inheritance-Property purchased by son from, father,

P's father sold and transferred certain lands to P. P died intestate, leaving him surviving a paternal aunt and a maternal uncle-Held, that under the Kandyan Law the lands were the acquired property of P, and as such devolved, unlike ancestral paraveni property, on the maternal uncle.

THIS  was an action in ejectment and for a declaration of title to certain lands which the plaintiff, a Kandyan, claimed as the uncle and only living heir of one Punchirala, who was admitted by the defendants to be the owner of the lands in dispute.

The issues framed were: (1) Is plaintiff the brother of Punchi Menika, the mother of Punchirala ? (2), Is the third defendant a sister of Bandirala, who is the father of Punchirala ? (3) Is first defendant entitled to the land as an associated husband (with Bandirala) of Punchi Menika, whose son was Punchirala ? And (4) Has any title passed to second defendant by the alleged sale to him by first defendant ?

After evidence heard, the Commissioner (Mr. Panabokke) dismissed plain

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