1927 Present: Schneider J. and Dalton J.

SEYADU LEBBE v. LOKU BANDA.

240-D. C. Kandy, 33,727.

Buddhist Temporalities-Lease of temple land by incumbent-No appointment of trustees-Dismissal of trustee-Ordinance No. 8 cf 1905, ss. 27 and 34.

The proviso to section 27 of the Buddhist Temporalities Ordinance under which temple lands may be demised by the incumbent with the sanction of the District Committee applies only to cases where no trustee has been appointed to the temple at any time under the Ordinance.

Per DALTON J.-The District Committee has no power to appoint a priest as a provisional trustee under section 34 of the Ordinance.

PLAINTIFF sought to recover from the defendant possession of a land which belonged to the Udamudune vihare. Plaintiff claimed upon a lease of the land given to him for a term of three years from September, 1925, by the Adikari Bhikshu of the vihare under the provisions of section 27 of the Buddhist temporalities. It was contended by the defendant that the lease was bad as there was a duly appointed trustee of the vihare, and that the Adikari Bhikshu had no right to grant a lease. The defendant claimed