VAN REETH v. DE SILVA

VAN REETH v. DE SILVA.

D. C, Galle, 5,636,

Corporation sole-Creation by Holy See of Rome of Archbishop in Ceylon-Right of successor of suck Archbishop to property conveyed to his predecessor-Administration.

The creation and appointment by the Holy See of Rome of an Archbishop in Ceylon does not constitute him a corporation sole with perpetual succession.

Therefore, on the death of an Archbishop so appointed, the properties purchased by him as Archbishop do not pass to his successor in office.

To allow administration to be taken out to the estate of the deceased Archbishop would not remedy the defect in the title of his successor, for then the property would vest in the administrator only.

THE plaintiff was the Roman Catholic Bishop of Galle. He X alleged that an allotment of land called Digarolewatta, in extent about 7 acres, belonged to one Adrian Mendis and Nona Mendis in community; that Adrian Mendis died before 1839; that Nona Mendis and her children conveyed the land to Arnolis Mendis by deed dated 1st January, 1839; that Arnolis Mendis re-conveyed the land to Nona Mendis by deed dated 3rd June, 1839; that Nona Mendis gifted the land to Harmanis de Abrew by deed dated 16th September, 1858; that in execution against De Abrew the land was sold by the Fiscal and purchased by Joseph Fernando in 1880; that Joseph Fernando conveyed the land to Gabriel Fernando by deed dated 29th December, 1888; that Gabriel Fernando gifted the eastern portion of this land, in extent 1 acre and 25 perches, to Dr. Bonjean. Archbishop of Colombo, and his successors in office for the purpose of building a church; that a church was so built shortly afterwards; that Dr. Bonjean died in 1893 and was succeeded in office by Dr. Melizan; that in 1895 the Southern Province of Ceylon, which formed part of the Archdiocese of Colombo, was separated and constituted a distinct-Bishopric or Diocese called the Diocese of Galle, whereupon the plaintiff alleged, the said eastern portion of the land, with the church built thereon, vested in the plaintiff; that Archbishop Melizan, for further assuring the same to the plaintiff, conveyed the said portion to the plaintiff by deed dated 22nd April 1898; that Gabriel Fernando conveyed to the plaintiff and bis successors in office the remaining portion of the land by deed dated 4th January, 1898; that the plaintiff thus became the owner of the entire land save the planter's interest in the fourth plantation; that the first defendant, being owner of five-sixths part of the planter's interest

in the fourth plantation, together with the other defendants, dispossed to plaintiff in March, 1898.

The plaintiff prayed for declaration of title and for damages.

The first and the second defendants disclaimed title to the land save as to five-sixths of the planter's interest in the fourth plantation belonging to the first defendant.  But the third defendant denied the plaintiff's title and claimed certain shares and interests in it, . and the fourth defendant, denying dispossession of plaintiffs, set up title to a house on the land.

The District Judge, Mr. F. J. de Livera, after hearing evidence on both sides, gave judgment for plaintiff as prayed.

The defendants appealed.

In appeal, the question of law was raised and argued whether the creation and appointment by the Holy See of Rome of an Archbishop in Ceylon constituted" him a corporation sole with perpetual succession, as also the question of fact relating to possession.

The case came on for argument on the 19th May, 1903.

H. J. C, Pereira appeared for the first and second defendants, appellants.

Bawa (with him Prim), for third defendant, appellant.

Dornhorst, K.C. (with him Sampayo, K.C.), for plaintiffs, respondents.

Cur. adv. vult.

22nd June, 1903. LAYARD, C.J.-

The plaintiff brought this action to vindicate a certain land mentioned in the plaint; he admits the claim of the first defendant to

Click Here to Read the rest of this document