Chanmugam Et Al., V. Kandiah Et Al.,

Present : Ennis J. and Schneider A J.

CHANMUGAM et al. v. KANDIAH et al.

8-D. C .Jaffna, 4,260.

Tesawalamai- What law to be applied when Tesawalamai is silent-Mother living in concubinage, with two men, one after the other- Daughters by each bed-Death of one daughter issueless-Extent to which Roman-Dutch law applies-" Mother makes no bastard." -Property devolves on step-sister and not on mother-

V, who was subject to the Tesawalamai, lived in concubinage with two men, one after the other, and had two daughters, N and M. N married before 1911, and died intestate.

Held, that N's estate devolved on her stepsister M, and not her mother V.

The Roman-Dutch law, being the law applicable to the whole Island, applies where the Tesawalamai is silent. But the Roman-Dutch law does not apply even where the Tesawalamai has no express provision if a question can be decided by general principles deduced from the Tesawalamai.

" It is not a sound argument to say that when a contest involves several matters, in regard to some of which a special law has provisions and in regard to others it has not, that because the general law must be

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