Malalankara Thero V. Simananda Thero

[IN REVIEW.]

Present: Hutchinson C.J., Middleton and Wood Renton JJ. 1908

MALALANKARA THERO et al. v. SIMANANDA THERO.

248-D. C. Tangalla, 700.

Buddhist Ecclesiastical law-Grant of temple to a priest and other priests of the Amarapura sect-Claim by pupil of grantee- Ramanna sect-Is it part of Amarapura Nikaya?

Where the incumbency of a Buddhist temple was granted by Government to a Buddhist priest and " his brother priests of the Amarapura Ordination "- .

Held, that a pupil of the grantee was not disqualified from succeeding to the incumbency because he was an adherent of the Ramanna sect.

CASE heard in review preparatory to an appeal to the Privy Council.

This was an action to eject the defendant from the incumbency of the Yatala and Menik Dagobas at Tissamaharama. It appeared that Sir James Longden, Governor of Ceylon, granted by a letter dated July 4, 1882, permission to one '' Jinaratana Terunnanse and his brother priests of the Amarapura Ordination to occupy the temples. "

Upon the death of Jinaratana Terunnanse, the defendant, who belonged to the Ramanna sect, claimed to succeed to the incumbency as the pupil of

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