1930

Present: Maartensz A.J. and Jayawardene A. J.

GUNANANDA v. DEEPALANKARA.

142-D. C. Galle, 27,282.

Buddhist law-Succession to incumbency- Appointment of successor by last will- Disinherision of senior pupil-Revocation.

In 1924 the incumbent and chief priest of a vihare executed a last will, which provided as follows :-

"I do hereby convey;. unto my only pupil Kahawe Gunananda, Priest of the Sudharmarama Temple, who is very obedient to me, Sudharmaramaya . . . . and all the movables and immovables belonging thereto which have been conveyed to me for upkeep by my teacher Ratnasara, High Priest, deceased, and all the lands conveyed for the upkeep of the said premises and all other movables and immovable property now entitled to me and which shall become entitled to me thereafter in my charge and upkeep and all other sangika movable property wherever to be had and entitled to me and which shall become entitled to me hereafter. I do hereby at all means give up my pupil Deepalankara priest, who is disobediently and irreligiously spending him against me since a long period."

In 1926 the incumbent executed another document (Dl) in the following terms :-

" I do hereby declare that as my pupil Deepalankara was disobedient to me some time back, I had to turn him out to make him obedient. That, at present, he is obedient to me. Therefore, I admit him as a pupil of mine."

Held, that the last will conferred the incumbency of the temple on Gunananda and that the document Dl did not amount to a revocation of the appointment.

THE plaintiff instituted this action for a declaration that he was entitled to the incumbency of a Buddhist temple called Suddharmaramaya Vihare of which the incumbent and chief resident was Welitara Seelananda. He had three pupils, Deepalankara, the defendant, the senior pupil, Sugunasara, and the plaintiff. On March 29, 1919, Seelananda published

a notice in a newspaper in which he stated that he had dismissed his two pupils, Deepalankara and Sugunasara, as they were disobedient to him. On March 25, 1924, Seelananda executed a will, PI, which provided as follows :- I do hereby convey to my pupil, Kahawe Gunananda, priest of the said Sudharmarama temple, who is very obedient to me, Sudharmaramaya situated at Welikada and all the movables and immovables belonging thereto which have been conveyed to me for upkeep by me by my teacher Ratnasara, High Priest, deceased, and all the lands conveyed for the upkeep of the said premises, and all the other movables and immovable property now entitled to me and which shall become entitled to me thereafter, in .my charge and upkeep, and all other sangika movable property wherever to be had and entitled to me and which shall become entitled to me hereafter. I do hereby, at all means, give up my pupil Deepalankara priest who is disobediently and irreligiously spending him against me since a long period ".

In 1926, by a writing dated September 14, Dl, Seelananda pardoned Deepalankara. This document was as follows :

" I, the undesigned, do hereby declare that as my pupil Elatota Deepalankara was disobedient to me some time back, I had to turn him out to make him obedient. That, at present, he is obedient to me, therefore, I admit him as a pupil of mine."

The plaintiff claimed the incumbency as the pupil nominated by Seelananda to succeed him. The defendant claimed it as the senior pupil. The learned District Judge gave judgment for the plaintiff.

De Zoysa, K.C. (with him Rajapakse), for defendant, appellant,-Admittedly, defendant is the most senior pupil of Seelananda and unless Seelananda has appointed another pupil to succeed

him, defendant is entitled to the incumbency according to the rules of Sisyanusisya paramparawa [1 20 N.L.R. 385.] The alleged last will of Seelananda (P1) purports to convey to the plaintiff certain sangika immovable and movable property. This he has no right to conve