SABAPATHI v. SIVAPRAKASAM
SABAPATHI v. SIVAPRAKASAM.
C. R., Jaffna, 2,795.
Tesavalamai-Right of pre-emption-Qualifications necessary to entitle a neighbour to such right-Dutch original, and English and Tamil translations, of the Tesavalamai.
The English text of the Tesavalamai published in vol. I. of the Revised Ordinances must be taken as the sole recognized official repository and declaration of the laws and customs of the Tamils of Jaffna.
It is not within the discretion of the court to alter the translation even after having recourse to the Dutch original and the opinion of experts.
According to section VII., part I., of that text, in order to entitle an adjacent landowner to the right of pre-emption, it is necessary that he should also be a mortgagee of the land, in respect of which the right is claimed.
THE first defendant had sold to the second defendant a plot of land which lay adjacent to another plot of land belonging to a Hindu temple whereof the plaintiffs were managers. The plaintiffs prayed for a declaration that they were entitled to the right of pre-emption, a cancellation of the sale by the first defendant to the second defendant, and an
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