Unnanse Et Al. V. Unnanse.

Present : Ennis A.C.J. and De Sampayo J.    1921

UNNANSE et al. v. UNNANSE.

202-D.C. kandy, 2,678.

Buddhist ecclesiastical law-Rules of succession-Claim that certain families had the right to appoint the incumbents.

"There ore only two rules of succession known to the Buddhist law, namely, sisyanusisya paramparawa or pupillary succession and siwuru paramparawa,, which is also a form of pupillary succession, but with the special characteristic that the pupil is a blood relation of the original priestly incumbent. In the absence of any evidence to the contrary, the presumption is that the incumbency is subject to the sisyanusisya paramparawa rule of succession."

The right of certain families to appoint an incumbent when a vacancy occurs considered.

THE facts appear from the judgment.

H. J. C. Pereira, K.C. (with him J. S. Jayawardene and Cooray), for appellant.

E. W. Jayawarden, for respondents.

Cur. adv. vult.

March 22, 1921. ENNIS A.C.J.-

This was an action for a declaration of title to the incumbency of the Dantura Vihare. The incumbency was held by one Indajoti Unnanse, and on his death about nine years ago his pupil Piyaratan

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