1946 Present : Jayetileke J.

SARAM APPUHAMY AND RANNIE.

940-M.C. Kegalla, 6, 417.

Maintenance-Supposed resemblance of children to father-Evidence-Unsafe guide.

It is not safe to decide paternity in a maintenance case on the alleged resemblance of the children to the respondent.

APPEAL from an order of the Magistrate of Kegalla.

             H. V. Perera, K. C. (with him S. P. M. Rajendran), for the defendant, appellant.

           R. N. Illangakoon, for the applicant, respondent.,

January 23, 1946. JAYETILEKE J.-

Mr. H. V. Perera contended that the Magistrate has erred on two points. He invited my attention to the following passage in the Judgment:-

(1) ?Accordign to the defendant?s evidence he states that he sent the petition D 1 to the A. G. A., Kegalla, against Punchietana in which he makes allegation against Punchietana and wants the A. G. A. to punish Punchietana for the offence for which his brother Undiya had been mistakenly punished. The defendant states that it is after this petition that the applicant abused him in the Hettimulla Bazaar, that he filed a case against the application for the abuse and that this maintena