1947 Present: Wijeyewardene S. P. J-

SETUWA, Appellant. and SIRIMALIE Respondent.

S. C. 76-C. R, Matale, 8,939,

Kandyan Law-Kandyan haw Amendment Ordinance, proviso to section (10) (1) -Meaning of " child "-Includes illegitimate child-Paraveni property and acquired property.

The word child in the proviso to section 10 (1) of the Kandyan Law Declaration and Amendment Ordinance means not only a legitimate child but also an illegitimate child.

APPEAL from a judgment of the Commissioner of Requests, Matale.

S. R. Wijayatilake (with him R. S. Wanasundere), for the first defendant, appellant.

No appearance for the plaintiff and the second defendant, respondents.

Cur. adv. vult.

 July 16, 1947. WIJEYEWARDENE S.P.J.-

This is an action for declaration of title to an undivided one-third share of a land. One Puncha was admittedly the original owner of the land by right of purchase under a deed P2. He died intestate leaving his three children-Setuwa, Hapuwa and Nanduwa. Nanduwa died intestate about 1943. The plaintiff filed this action as the next friend of three minors who, she alleged, were the children of Nanduwa. The defendants denied that