1913 Present: Lascelles C.J.

RAN MENIKA v. MUDALIHAMY

421-C. R. Kegalla, 11,017.

Kandyan law-Donation by mother of her acquired property to her children-Death of mother and children-Maternal grandmother heir to property in preference to father.

A Kandyan mother married in bina donated her acquired property to her children. The children died intestate and issueless after their mother.

Held, that the property devolved on their maternal grandmother in preference to their father.

" The father is not the heir of the property of his children born in a bina marriage, which they have acquired through their mother; the maternal uncles or next of kin on the mother's side being the heir to such property; but the father will succeed to such children's property if otherwise acquired."

THIS was an appeal from the following judgment of the Commissioner of Requests, Kegalla (W. de Livera, Esq.):-

I have to decide in this case a question of Kandyan law. On the admissions the following issue has been framed :-

"When Punchi Banda and Punchi Appuhami died, did their father, Menikrala, or their maternal grandmother, Dingiri Amma, succeed to their inher