Kapuruhamy Et Al V. Appuhamy

Present : Mr. Justice Wood Kenton.

KAPURUHAMY et al. v. APPUHAMY et al.

C. R., Kurunegala, 17,990.

Low-country Sinhalese man permanently settled in the Kandyan district and married to a Kandyan woman-Children not Kandyans.

A child of a Low-country Sinhalese man who had become permanently settled in the District of Kandy and had married a Kandyan woman under the Kandyan Marriage Law was held not to be a Kandyan.

THE facts are set out in the judgment of Wood Renton J.

A. St. V. Jayewardene, for appellant.-The learned Commissioner's judgment is contrary to the general and natural rule that the nationality of the father decides that of the offspring.

2. From the earliest years of British rule Proclamations and Ordinances show that a well-marked distinction was always recognized between Kandyan and all other inhabitants, and it is only those who can strictly be called Kandyans who can claim to be governed by the Kandyan Law, the conservation of which was assured them-the Adigars, &c, being assured of this at the earliest conferences between the British and the Kandyans. (Proclamations cited.)

3. The case law on the subject is a

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