[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 establish the proposition that under the Kandyan law a widow was the natural guardian of her minor children and was entitled to alienate or lease the ancestral property.

THE case was reserved for argument before a Full Bench by Ennis J. and Shaw J. The facts are set out in the following judgment of Ennis J.:-

The land in dispute in this case originally belonged to one Mahaduraya, a Kandyan. By his will he bequeathed the lands to his three children, Rankiri, Kiri Ukku, and Sahundera, subject to a life interest in his wife, Ukku. On his death Ukku obtained probate as executrix. Kiri Ukku then died, and her brothers Rankiri and Sahundera became entitled to her share. Then, on November 14, 1896, the executrix, Ukku, conveyed the lands by deed to Rankiri and Sahundera, with a reservation of her life interest.

On February 5, 1898, Ukku executed a lease, for herself and as natural guardian of her minor children Rankiri and Sahundera, for fort years in favour of one Amath Bukar. The lease gave the extent of land as 25 acres 2 roods and 25 perches. The rent reserved

was Rs. 13.41 per acre, and twenty years' rent was paid to Ukku in advance. The lease recites that it was for the purpose of cultivating and improving the lands in the interest of the minors, and it contains a covenant by the lessee to cultivate. The lessee, on December 12, 1896, transferred his interest in the lease to Thomas and George Christie, the first defendant.

Rankiri came of age in 1905, and then, with his mother Ukku. executed a deed, No, 7,161 of August 27, 1905, by which he conveyed his half share of the lands, and Ukku conveyed her lift interest. to Thomas Christie. On September 22, 1910. Thomas Christie conveyed his interest in the lease and his interest in the lands to the first and second defendants. Ukku died in March, 1913. On April 6, 1914, Sahundera conveyed his undivided half share in the lands to the plaintiff, in consideration of & sum of Rs. 11,500.

The plaintiff prayed for a declaration of title to a half share of the lands, for ejectment of the defendants, and for Rs. ,500 damages. The defendants prayed that the plaintiff's action should be dismissed. or, in the alternative, for Rs. 4,750 as compensation for improvements, and a declaration that they were entitled to retain possession of the entirety of the lands until the compensation was paid.

The learned District Judge held that the lease was an improvident-one, and invalid and ineffectual so far as the plaintiff and his vendor were concerned. He gave judgment for the plaintiff as prayed, but with nominal damages at the rate of Rs. 125 per annum from April 6, 1914, until the plaintiff was restored to possession.

Before dealing with the case on its merits I would observe that the plain