Gunananda Unnanse V. Dewarakkita Unnanse

Present: Bertram C.J., Schneider J., and Jayewardene A.J.

GUNANANDA UNNANSE v. DEWARAKKITA UNNANSE.

500-D. C. Kandy, 30,403.

Buddhist ecclesiastical law-Sisya paramparawa-Succession to incumbency-Rights of a fellow-pupil.

Where the incumbent of a vihare dies leaving a pupil and a fellow-pupil, the pupil has the prior right of succession to the incumbency.

Siriniwase v. Sarananda [1 (1921) 22 N. L. R. 318. 9] overruled.

APPEAL from a judgment of the District Judge of Kandy. The plaintiff and the defendant are Buddhist priests, and each claimed to be the lawful incumbent of a vihare in Kandy. It was admitted that one Indasara Unnanse who died many years ago was the incumbent of this temple. He died leaving three pupils: (1) Gunaratne Unnanse, (2) Gunananda Unnanse, the plaintiff, and (3) Dhammarakkita Unnanse. Gunaratne Unnanse, as the senior pupil, succeeded to the incumbency, and died in September, 1922. Since then the defendant assumed the office of incumbent. The plaintiff, as one of the pupils of Indasara Unnanse, claimed the incumbency as the fellow-pupil of the last incumbent in preference to the defendant who

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