1934 Present: Macdonell C.J. and Dalton S.P.J.

KANDAR v. SINNACHIPILLAI.

339-D. C. Jaffna, 22,324.

    Thesawalamai-Property acquired by son during his bachelorship-Son not under parental roof or control-Property does not fall into common property of parents-Regulation No. 18 of 1806, s. 1, cl. 7.

Under the Thesawalamai property acquired by a son out of his own money at a time when he was unmarried but was no longer under the parental roof or parental control does not become part of the common property of his parents.

Per MACDONELL C.J.-Under the Roman-Dutch law the Courts have power to declare a statute obsolete if they are satisfied of its tacit repeal by disuse or contrary usage.

APPEAL from a judgment of the District Judge of Jaffna. K. Balasingham, for second plaintiff, appellant.

A. Gnanapragasam. for defendant, respondent.

Cur. adv. vult.

October 17, 1934. MACDONELL C.J.-

I have read and agree with the judgment of Dalton J. in this case.

It is certainly a pity that the counsel for defendant-respondent did not lead evidence in the Court below to show that the provision in section 1, clause 7, of the Thesawalamai, that son