Present: Schneider J. and Jayewardene A.J.

APPUHAMY v. GAMARALA.

 78-D. C. Kurunegala, 9,606.

    Kandyan law-Rights of inheritance-Contest between binna father and binna daughter of propositus.

Where under the Kandyan law, a woman, the issue of a binna marriage, died intestate leaving her surviving her father, and her binna husband who was the great great-grandson of a great-granduncle of the deceased.

Held, that the father was the heir to her estate.

The rule stated in Sawers, that the father is not the heir of the property of his children born in a binna marriage, which they have acquired through their mother-but that the maternal uncles or next of kin on the mother's side are the heirs to such property-should be read with the limitation laid down in Armour that the father's right is not lost, where there are only distant maternal relatives, and the child remained under the father's care after the mother's death.

Ran Menika v. Mudalihamy1[1 (1013) 16 N. L. R. 131.] referred to.

THE plaintiff in this action sued for a declaration of title to three lands. The lands originally belonged to one Kapuruhamy from whom they were inherit