Dias V. Ratnapala Terunnanse

1938 Present: Abrahams C. J. and Soertsz J.

DIAS v. RATNAPALA TERUNNANSE.

98-D. C. Galle, 34,685:

Buddhist temporalities-Temple not exempted from operation of Ordinance-Right of incumbent to vindicate title to temple land-Ordinance No. 19 of 1931, s. 4 (1).

The incumbent of a Buddhist temple, which is not exempted from the operation of section 4 (1) of Ordinance No. 19 of 1931, is not entitled to vindicate title to land belonging to the temple.

APPEAL from a judgment of the District Judge of Galle.

N. Nadarajah, for defendant, appellant.

M. T. de S. Amerasekere (with him Barr Kumarakulasingham and Jayasundara), for plaintiff, respondent.

Cur. adv. vult.

January 31, 1938. SOERTSZ J. -

It is with some regret that I reach the conclusion that this appeal must be allowed, for on the substantial question whether the land in suit belongs to the Andugoda Temple or to the defendant, the learned trial Judge has given very cogent reasons, for holding in favour of the temple. In fact, Counsel for the appellant admitted that it would be impossible for him to ask us to set aside the findings of the trial Judge on the questions of tit

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