Present: Mr. Justice Wendt and Mr. Justice Middleton.

BABANISSA et al. v. KALUHAMI et al.

Gira Etana, Added Defendant, Appellant.

Kandyan Law-Associated marriage-Diga married daughter subsequently contracting a bina marriage-Right to inherit father's property,

A Kandyan woman who had contracted, a diga marriage but who subsequently returned to the parental roof and contracted a bina marriage during the lifetime of her father is entitled to succeed to her father's property to the exclusion of his other diga married sisters.

D. C., Kandy, 18, 457, followed.

ACTION rei vindicatio. Appeal by the added defendant, originally 4th plaintiff, from the judgment of the District Judge (Allan Beven, Esq. ), which was as follows (March 31, 1908): -

" In this case there were originally five plaintiffs, who jointly asked for a declaration of title to eleven-twelfths of the land Kamanaidegeliyadda, after admitting the title of the 11th defendant, Kirihamy, to one-twelfth. Subsequently the 4th plaintiff, Gira Etana, withdrew her proxy given to her Proctor (vide Journal of January 29, 1907), and on September 10 filed an affidavit