MANIKKAN et al. v. PETER.

MANIKKAN et al. v. PETER.

D. C. Kegalla, 954.

Kandyan wife-Marriage with low-country Sinhalese man residing in Kandyan territory-Death of the wife, intestate, leaving her surviving her husband and child-Death of the child-Inheritance-Ordinance No. 15 of 1876, ss. 2 and C-" Different race."

A low-country Sinhalese is not a person of " different race or nationality " (in the words, of section 2 of the Ordinance No. 15 of 1876) from a Kandyan Sinhalese. Therefore, under the proviso of the same section, the matrimonial rights of a low-country Sinhalese husband and his Kandyan wife are to be governed by the Kandyan Law.

Where D. M, a Kandyan woman, married a low-country Sinhalese man living in the Kandyan territory and died intestate, leaving her surviving her husband and an infant child, which also died,-

Held, that her mother and brother, and not her husband, should inherit her property.

THIS was an action to declare that plaintiffs were entitled to the whole of a certain land and to an undivided one-third of another land. It was admitted that the land belonged to one Dingiri Mahatmaya, and was purchased by her from her father Balahamy by

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