1933 Present: Dalton A.C.J.

NESSAEMMAH v. SINNATAMBY.

137-C. R. Batticaloa, 8,873.

    Hindu temple-Right of a worshipper-Civil right recognized by Courts of law. The right of a person to worship at a Hindu temple is a civil right enforceable in a Court of law.

APPEAL from a judgment of the Commissioner of Requests, Batticaloa.

H. V. Perera (with him Kariapper and D. W. Fernando), for defendant, appellant.

N. E. Weerasooria (with him E. B. Wikramanayake and C. T. Olega -agaram), for plaintiffs, respondents.

Cur. adv. vult.

September 15, 1933 DALTON A.C.J.-

The only point arising on this appeal is whether the claim set forth in the plaint discloses a breach of a civil right, and gives rise to a cause of action that the Court has jurisdiction to try.

The following facts as found by the learned Commissioner are not disputed in appeal. The temple concerned is a public temple dedicated by the founders to the deity " Pillayar" for the advancement of the Hindu religion and for the benefit of that section of the public who follow that religion. The original founders' intention and purpose was that every such beneficiary should have t