1926 Present: Dalton J. and Maartensz A .J.

MENIKHAMY v. SUDDANA et al..

 238-D. C. Kurunegdla, 9,696.

Kandyan law-Acquired property-Inheritance-Preferential right of brothers over sisters.

Where a Kandyan died without issue leaving him surviving two brothers and two sisters.

Held, that the brothers were entitled to his acquired property to the exclusion of the sisters.

Dullewe v. Dullewe et al.1 followed.

ACTION for declaration of title to 7/16th share of a land called Kudapelessahena, the original owner of which was one Dingira, who died leaving him surviving two sisters Saru and Tikirathi, and two brothers Suddana, 1st defendant, and Kira. By

1 5 Leader L. R. 39.

purchase the plaintiff became entitled to 7/16th of the half share of the two sisters. The 2nd defendant acquired the interest of the brother Kira. The defendants contended that the property, being acquired property, was inherited by the brothers to the exclusion of the sisters. The learned District Judge dismissed the plaintiff's action

H. V. Perera for plaintiffs, appellant.

Weerasooriya, for defendant, respondent.

December 17, 1926. DALTON J.-

This appeal raises an i