Present : Shaw J.

MURUGUPILLAI v. POOTHATAMBY.

358-C. R. Point Pedro, 17,231.

    Tesawalamai-Father leaving children by two bed and One-half ancestral property inherited by children of first bed and one-half by children of second bed.

Under the Tesawalamai, upon the death of a father who has married a second time, his ancestral property goes one-half to the issue of the first bed and one-half to the issue of the second bed, whatever may be the number of children of the different unions.

In two partition suits in the District Court, A was allotted one sixth share. In the present case A claimed half share as the sole child by the first bed of his father.

Held, that as the question whether A was entitled to one-sixth or half of his father's property was never put in issue in the former partition suits, A was not estopped from claiming a half share in the present case.

THE facts are set out in the judgment.

Balasingham for the appellant.-The children of Valliar take per capita. All the children are the children of Valliar, and there is no reason for giving the only child of the first wife half and all the five children of the se