Rankiri V. Ukku

[ In Review.]

Present : Sir Joseph T. Hutchinson, Chief Justice, Mr. Justice
Wendt, and Mr. Justice Middleton.

Re Estate of SUNDARA, deceased.

RANKIRI v. UKKU.

D. C, Kandy, 2,061.

Kandyan Late-Acquired property of intestate'-Rights of illegitimate children-Bights of widow and sister of deceased.

    Where a Kandyan died leaving acquired property and leaving him surviving his widow Ukku, a sister Rankiri, and illegitimate children by a woman with whom he lived during the subsistence of his marriage with Ukku,-

     Held (by HUTCHINSON C.J. and WENDT J., dissentiente TON J.) that the illegitimate children were entitled to the said property in preference to the deceased's sister, subject to the life interest of the widow.

    HUTCHINSON C.J.-By the Kandyan Law an illegitimate child is entitled to inherit the acquired lands of its father, who dies intestate, subject to the widow's life interest.

    MIDDLETON J.-The right of illegitimate children to succeed to their father's acquired property depends (1) on the caste of their mother, and (2) on the circumstances attendant on the relation ship between the mother and the father.
    Judgment of the Supreme Court in appeal reversed in review.

    HEARING in review of the judgment of the Supreme Court reported in 8 N. L. R. 82 preparatory to an appeal to His Majesty in Council.

    Van Langenberg (F. J. de Saram with him), for the appellants.

    Sampayo, K.G. (Bawa and H. Jayewardenc with him), for the respondents.

Cur. adv. vult.

    18th March, 1907. HUTCHINSON C.J.-

    This is a hearing in review before appeal to His Majesty in Council. The appellants are the illegitimate children of Sundara. Sundara died in 1898 intestate, possessed of certain acquired lands in the Kandyan district; and the question is whether the appellants have under the Kandyan Law any right of inheritance to those lands.

Sundara left surviving him his lawful widow Ukku and his sister. D. Rankiri, but no legitimate issue. The appellants are his children by a woman with when he lived during the subsistence of his mar- riage with Ukku. It is admitted that his sister is entitled to his inherited lands, and that his widow is entitled to a life interest in his acquired lands; and the contest is, whether his sister or his illegitimate children are entitled to succeed to his acquired lands, subject to the widow's life interest. The District Judge and the Supreme Court have held that the sister is entitled.   

    The authorities of Armour, p. 34, Sawer, p. 7, and the Niti Nig-handuwa, p. 14, have been quoted at length in the judgments under review, and I need not quote them again. They are not very clear as to the rights of illegitimate children, and I must examine the reported cases on the points which have been decided in the Supreme Court.

In the case reported in Austin, p. 147, decided by the Collective Court in 1856, the plaintiffs claimed the acquired lands of the intestate as his sisters and sole heirs; the defendant claimed them as his widow for herself and for her son by him. It was proved that she was not his widow, and that the son was illegitimate. The Court below held that " although the defendant was not married to him, yet by Kandyan Law the issue of such a connection as subsisted between Perera and defendant would be entitled to inherit all his acquired property. " The judgment was affirmed. The reasons are not reported.

    In Mahatmaya v. Banda (1) the plaintiffs sued in detinue for the movables (assumed to have been acquired) of the deceased, who died unmarried and intestate. The plaintiffs were his illegitimate children. The defendant was in possession, and merely denied the plaintiffs' right. The Supreme Court held the plaintiffs entitled to succeed. Lawrie A.C.J. said: "It is well-established Kandyan law that, provided that there are no legitimate children and no widow, illegitimate children succeed to the whole of

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