Banda V. Rosehaugh Tea And Rubber, Co., Ltd.,

Present : Wood Renton C.J. and De Sampayo J.

BANDA v. ROSEHAUGH TEA AND RUBBER CO., LTD.

 263-D. G. Kandy, 84,837.

    Lease by an incumbent of a temple for thirty years-Covenant for renewal for another period of thirty years at the option of the lessee-Action to set aside lease so far as option to demand renewal was concerned- Buddhist Temporalities Ordinance, 1905, s. 38-Is trustee bound by a lease by the incumbent!

Under section 88 of the Buddhist Temporalities Ordinance of 1905 the question of the consistency of a lease of lands belonging to a temple with the interests of the temple must be looked at from the standpoint not only, or chiefly, of the past, but of the present.

" The power conferred upon the Court by section 38 must be exercised with caution, and with due regard to the position of the lessee as well as of the lessor. Each case must be disposed of on its merits. The mere fact that, at the date of the inquiry held under section 38, temple property could be dealt with on more advantageous terms would be no reason for the interference of the Court. But where, in view of the whole circumstances of

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