Piyadasa Et Al. V. Deevamitta Et Al.

1921 Present: Be Sampayo J. and Schneider A.J.

PIYADASA et al. v. DEEVAMITTA et al.

435-D. C Kandy 27,910

Buddhist ecclesiastical law-Sangika property-Priest cannot be ejected from vihare except for some, personal cause-Priest claiming a . portion of the premises-Right to eject-Right of high priest to give priest " permanent interest to any portion of vihare premises.

A Buddhist priest cannot be ejected from a Buddhist vihare except for some personal cause, irrespective of the rights of property. This right does not mean that an individual priest can select for himself a particular place in the vihare independently of the chief incumbent and against his wishes. Any persistent assertion of and insistence on such an alleged right is a personal cause, for which he may properly be ejected. It is doubtful -whether a high priest, though he has control and management of the premises, and might regulate its occupation and use, has any right to give away any part of it or to create an interest therein to last beyond his own tenure of office

THE facts appear from the Judgement

Bawa, K.C. (with him D. B. Jayatileke,), for first

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