CHETTY v. CHETTY
1935 Present: Poyser
and Koch JJ.
CHETTY v. CHETTY.
23-D. C. (Inty.) Jaffna, 8,059.
Thesawalamai-Malabar
inhabitants of Jaffna-Vaniyas settled in Jaffna for three generations-Governed
by Thesawalamai.
Where Tamils, belonging to the community known as Vaniyas, had made Jaffna
their home for three generations and had observed the customs followed by other
Hindu families,-
Held, that the parties are Malabar inhabitants of Jaffna within the
meaning of Regulation No. 18 of 1806, to whom the Thesawalamai applies.
THE
petitioner applied for letters of administration to the estate of a deceased
person, Parameswary, on the footing that she is an heir of the deceased
according to the Thesawalamai. The respondent, the father of the deceased,
claimed to be the sole heir on the ground that the parties were governed by the
Roman-Dutch law. The learned District Judge held that the Thesawalamai applied
to the parties.
Hayley, K.C. (with him Balasingham and N. E. Weerasooria), for appellant.-The
parties to these proceedings are Vaniya Chetties. Their customs are different
from those of the Tamils of the Northern Province. They are a distinct race an
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