The Deputy Financial Secretary V. Sirisena Et Al.

1941 Present: Wijeyewardene J.

THE DEPUTY FINANCIAL SECRETARY, Appellant,
and SIRISENA et al, Respondents.

56-M.C. Matara, 22, 207.

Maintenance-Enforcement of order of maintenance-Movable property of incorporeal nature-Cannot be distrained-Maintenance Ordinance (Cap. 76), s. 8.

Where service gratuity due under the rules regulating pensions and allowances granted to public servants was distrained under a warrant issued under the Maintenance Ordinance-

Held, that the property distrained under a warrant under the Maintenance Ordinance should be movable property of a corporeal nature.

APPEAL against an order of the Magistrate's Court, Matara.

E. H. T. Gunasekera, C.C., for the appellant.

S.W. Jayasuriya, for the respondents.

March 27, 1941. WIJEYEWARDENE J.-

The first respondent obtained an order under the Maintenance Ordinance, 1889, directing her husband the second respondent to pay an allowance of Rs.10 a month for the maintenance of herself and her two children. The second respondent was employed as a porter under the Ceylon Government Railway at the time the order was made against him. Subsequently he

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