[FULL BENCH.]

1915. Present  : Wood Renton C.J. and Ennis and Shaw JJ.

LEBBE v. CHRISTIE et al.

200-D. C. Kandy, 23,968.

Lease by Kandyan widow of her husband's property-Lease invalid except at to her life interest-Compensation for improvements by lessee- Is mother a natural guardian of her children after husband's death ?-Civil Procedure Code, chapter XL.

Where a Kandyan widow leased without the sanction of the Court, for a period of forty years, a land belonging to her husband over which she had a life interest.-

Held, that the lease was invalid so far as it exceeded the term of her life interest and did not bind her children, who were minors at the date of the lease.

Held further, Ennis J. dissentiente, that the lessee was not entitled to compensation for improvements as against the lessor's child, who brought an action to vindicate his share.

Under the Roman-Dutch law as it exists in Ceylon the mother does not become, on the death of the father of a minor child, the guardian of the latter, otherwise than by appointment made by ('sort under chapter XL, of the Civil Procedure Code.

WOOD RENTON C.J.-The authorities do not esta