Present : Bertram C.J. 1922.

NANDUWA v. PUNCHIRALA et al.

111-C. R. Panwila, 5,101.

Kandyan law-Intestate succession-Person dying leaving children by two or more beds.

Where a person dies intestate, leaving issue by two or more beds, the estate is divided among children per stripes and not per capita.

IN this case the plaintiff sued the defendant for possession of the western half share of the field called Uduporowekumbura of 5 lahas in paddy sowing extent by inheritance through his full-brother Puncha- The defendants filed answer stating that the second defendant as a half-sister of the plaintiff was entitled to half of the field- At the trial the plaintiff admitted that the second defendant was the daughter of his mother Kirie by her second husband. On this admission the learned Commissioner of Requests declared the second defendant entitled to half the share of kirie's estate.

The plaintiff appealed.

H. V. Perera, for appellant.

R. C. Fonseka., for respondent.

August 21, 1922. BERTRAM C.J.-

There is no doubt that both in the answer And in the issues, the law on this matter had been misconceived, but the learned Judge has correct