Pietetsz V. Bastian Fernando Et Al.,

1926 Present: Garvin A. C. J. and Dalton J.

PIETERSZ et al. v. BASTIAN FERNANDO et al.

 367-D. C. Negombo, 327.

Buddhist Temporalities Ordinance, No. S of 1905, ss. 27 and 42-Lease by the incumbents-Ejectment by dayakayas-Damages.

Where lessees, in occupation of a temple land on a lease executed by the incumbent, were ejected by the dayakayas and claimed damages from them,-


Held, that a lease granted by an incumbent, in the absence of a duly appointed trustee, was valid and the lessees were entitled to damages on eviction.

APPEAL from a judgment of the District Judge of Negombo. The facts appear from the judgment of Dalton J.

Zoysa, for 1st, 2nd and 3rd defendants, appellant.

 D. B. Jayatilaka, for 4th defendant, respondent.

H. V. Perera, for plaintiffs, respondent.

July 9, 1926. GARVIN A. C. J.-

I agree that this appeal must be dismissed. The plaintiffs base their right to maintain this action on a lease of the premises granted to them by the incumbent of the temple to which the land is said to belong. No trustee has been appointed to the temple. In such a case the incumbent may, with the consent of the District Committee, lea

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