Dammaratna Unnanse V. Sumangala Unnanse Et Al.

Nov.23,1910    Present: Middleton J. and Wood Renton J.

DAMMARATNA UNNANSE v. SUMANGALA UNNANSE et al

210- D. C. Kandy, 18,982.

Buddhist ecclesiastical law-Expert evidence on various matters-Pupillary succession-Right of presentation where pupillary succession fails- " Sanghika.."

A right of pupillary succession is forfeited if the pupil deserts his tutor and the temple the incumbency of which he claims.

The fact that a tutor disrobes himself for immorality or other reason does not affect the pupil's status as regards the right of pupillary succession.

If succession to a vihare in " sisyanusisya paramparawa " fails, the Chapter of the college to which it belongs have the right to appoint, although in the case of small viharas the Maha Nayaka may act alone in the faith of future support from the Chapter, and even in districts the local Nayaka Unnanses have been known to appoint.

If the body or person having the right of presentation to the incumbency makes such presentation, the right of pupillary succession does not revive to the incumbent so appointed. " Pupillary succession is not revived upon a ' sanghika ' appoin

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