Buddharakkitha Thero V. The Public Trustee Et Al.,

1948 Present : Dias J.
 
BUDDHARAKKITHA THERO, Petitioner, and THE PUBLIC TRUSTEE et al.,
Respondents.
 
S. C. 445-Application for a Writ of Mandamus on the Public

Trustee. Buddhist Temporalities-Nomination of trustee-Due nomination-Dispute as to right to nominate-Letter of Appointment-Provisional trustee Chapter 222-Sections 9, 10 and 11.
 
Where two rival claimants to an incumbency purport to nominate trustees, the Public Trustee is not called upon to decide which of the two claimants has the right to make the nomination. If he honestly has a doubt on this point he is entitled under section 11 (3) to appoint a provisional trustee until the point is decided.
 
A legal nomination is a nomination by a de jureviharadhipathi.
 
APPLICATION for a writ of Mandamus on the Public Trustee.
 
H. V. Perera, K.C., with E. B. Wikramanayake, B. H. Aluwihare, and Cyril Randunu, for the petitioner.
 
Boyd Jayasuriya, Crown Counsel, for the first respondent.
 
F. A. Hayley, K.C., with D. L. Edusuriya, for the second respondent.

Cur. adv. vult.

March 4, 1948. Dias J -
 
The late Mapitigama Dhammarakkita Nayaka Thero was the Vihar

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