Savundranayagam Et Al. V. Savundranayagam Et Al.,

1917 Present: Wood Renton C.J. and De Sampayo J.

SAVUNDRANAYAGAM et al. v. SAVUNDRANAYAGAM et al.

375-D. C. Jaffna, 9,706.

    Tesawalamai-Colombo Chetty residing in Jaffna-Son born in and married to Jaffna Tamil lady-Roman-Dutch law applicable.

S, who was born in Jaffna, and whose father was a Colombo Chetty, who had become a permanent resident of Jaffna, was held (in the circumstances of this case) to be governed by  the Roman-Dutch law, and not by  the Tesawalamai.

THIS was an action for declaration of title to a half share of a  piece of land situated in Jaffna. The plaintiffs-appellants claimed one-half by  right of inheritance from their mother, who was the first wife of G. P. Savundranayagam, who, the plaintiffs averred, was governed by  the Roman-Dutch law, and who married Plaintiffs mother in community of property. Savundranayagam's

father was Tissera, who was a Tamil born in Colombo-a member of the Chetty class. Tissera married Wilhelmina Jurgan Ondatjee, who was a Tamil. The plaintiffs stated that she was also a Colombo Chetty; the defendants asserted that she was " a Malabar inhabitant of Jaffna " within the meaning of that term in the Regulation of 1806. Tissera and his wife lived at Jaffna. The husband predeceased, leaving behind G. P. Savundranayagam and another, Ariyanayagam. The land in dispute belonged to Wilhelmina. Savundranayagam became a lawyer and practised at Trichinopoly, where he died in 1882. He married twice, Jaffna Tamil ladies; both marriages were prior to 1876. Plaintiffs are the children of the first bed, the defendants children of the second bed.

The following issues were framed: -

(1) Was Wilhelmina Ondatjee a Malabar inhabitant of Jaffna as contemplated in the regulation of 1806?

(2) Was Gabriel Tissera at the time of his marriage subject to the Tesawalamai?

(3) What would be the effect if only one of the two spouses was subject to the Tesawalamai?

The learned District Judge, Dr. P. R. Pieris; after stating the facts, continued as follows: -

Plaintiffs say that Gabriel Tissera having been a Colombo Chetty was governed by  the Roman-Dutch law, and therefore his son was governed by  the same. The defence say that Tissera by  settling in Jaffna became subject to the Tesawalamai, and that Savundranayagam was a Malabar, to whom the Tesawalamai applied. It farther relies as an illustration, on the fact, which is well known, that Tamils from India settle in Jaffna, and their descendants are absorbed among the Jaffna Tamils, and are admittedly governed by  the Tesawalamai.

By D 3 of 1824 the land to the west of land in dispute was purchased by  Wijeratne. Mudaliyar Bastiampulle, Madapally of Pandateripu. This fixes the fact that the purchaser was a Jaffna Tamil. The purchaser having died, his son, Wijeratne Mudaliyar, the husband of Lavinda Ondatjee (who was sister of Wilhelmina), became the owner. Wijeratne died next, and his widow, Lavinda, was appointed his administratrix. As such she, in 1845, gave a power of attorney, D 4, to her son Anthony, then living in Jaffnapatam, describing herself as of Colombo. by  this she, as administratrix, authorized the attorney to sell the entirety of the land which belonged to her husband, specifically indicating that what was sold belonged to the deceased husband. It is thus clear that she was acting under the Tesawalamai, for otherwise, on the death of her husband, half the land vested in herself, and only a moiety belonged to the estate. In D 4 the land in dispute is described as " the property of Wilhelmina Tissera." The attorney, by  1> 2. sold the entirety to Wilhelmina, then the widow of Gabriel, and living in Jaffna, and described the disputed land as "the house of Tissera." Wilhelmina herself died shortly after, and her estate was administered by  the Secretary of this Court, who, by  D 1 of 1850, sold what Wilhelmina had bought from Wijer

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