1926 Present: Schneider A .C. J. and Lyall Grant J.

DINGIRIYA v. UKKU AMMA et al

22-D. C. Kurunegala, 9,930

Kandyan law-Properly inherited from mother-Intestate succession thereto.

A Kandyan died intestate leaving property, which he had inherited from his mother who was married in binna. The plaintiff claimed title to the intestate's property on a deed of transfer from the maternal granduncle and the cousin of the deceased, while the defendants relied on a deed of sale from the binna married father.

Held, that the maternal granduncle of the intestate being the lawful heir, the title derived from him prevailed.

APPEAL from a judgment of the District Judge of Kurunegala.

The facts appear from the judgment. 

Appuhamy v. Gamarala 1 considered.

Hayley, for plaintiff, appellant.

Samarakoon, for defendants, respondent.

October 13, 1926. SCHNEIDER A. C. J-

Nanduwa, a Kandyan, inherited two allotments of land from his mother Horatalai who had acquired them by a deed. Horatalai was married in binna to Setuwa. Nanduwa died intestate, and the only persons who might possibly be regarded as his heirs to the lands in question are Setuwa