1950 Present : Jayetileke C.J. and Gunasekara J.

ASIRVATHAM, Appellant, and GUNARATNE, Respondent

S. C. 171-D. C. Ratnapura, 7,137

Kandyan Law-Succession-Illegitimate child Right to inherit maternal grandfathers property.

Under the Kandyan law a child who was not born in lawful wedlock is entitled to succeed to the maternal grandfather's property if the child was not the result of an " unauthorised intercourse ".

APPEAL from a judgment of the District Court, Ratnapura,

S. J. V. Chelvanayagam, K.C., with P. Navaratnarajah and Arulambalam, for plaintiff, appellant.

H. W. Jayewardene, with G. T. Samarawickreme and E. D. Atukorale, for defendant, respondent.

Cur. adv. vult.

August 29, 1950. JAYETILEKE C.J.-

The plaintiff instituted this action for a declaration of title to a divided portion of a land called Tippolahena. One Mahabattanarallege Mudianse, a Kandyan, became entitled to the entire land under deed No. 12,619 dated October 9, 1906 (P1). He had children by two beds, to wit, Lokumenika and Heenmenika by the first bed and Kiri Banda, Dingiri Banda, Jotiranga Menika and Hamy Mahatmaya by the second bed.

Under the Kandyan l