Gooneratne Nayake Thero V. Punchi Banda Korala .

1926 Present: Lyall Grant J. and Maartensz. A .J.

GOONERATNE NAYAKE THERO v. PUNCHI

BANDA KORALA.

359-D.C. Kandy, .32,5577.

Buddhist Temporalities Ordinance-Jurisdiction-The extent of the powers of a trustee-The chief priest's control of buildings necessary for the performance of religious services-The appointment and dismissal of ministerial officers-Ordinance No. 8 of 1905, s. 20.

An action by the chief priest of a vihare for a declaration of his right to the custody and possession of the gabadage and the multenge may be maintained in a Civil Court.

While the trustee is vested with legal title to the gabadage and multenge, the high priest is entitled to the unhampered use of the same for the purpose of maintaining the religious rites and ceremonies of the vihare.

 A trustee is not entitled to appoint or dismiss the ministerial officers attached to the temple.

APPEAL from a judgment of the District Judge of Kandy.

Hayley, for defendant, appellant.

H. V. Perera (with Canakeratne), for plaintiff, respondent.

July 30, 1926. LYALL GRANT J.-

The plaintiff-respondent in this case is the " Nayake Unnanse " or chief

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