Sellappah V. Sinnadurai Et Al

1951 Present: Nagalingam J., Basnayake J. and Swan J.

SELLAPPAH, Appellant, and SINNADURAI et al., Respondents

S. C. 554-D. C, Point Pedro, 2,873

Thesavalamai-Jaffna Matrimonial Rights and Inheritance Ordinance (Cap. 48), ss. 6, 19 and 20-Thediatheddam-Retrospective operation of amending Ordinance, No. 58 of 1947-Interpretation Ordinance, (Cap. 2), s. 6 (2) and (3) (a).

Co-owners-Transfer, by a co-owner, of entirety of common property to stranger-Prescriptive possession by transferee-How computed.

Appeal-Case from District Court-Constitution of Appellate Court-Courts Ordinance (Cap. 6), ss. 38, 48 and 51.

Held (Basnayake J. dissenting) : (i) The amendment of sections 6 and 19 of the Jaffna Matrimonial Rights and Inheritance Ordinance (Cap. 48) by Ordinance No. 58 of 1947 has retrospective operation. The amending Ordinance was enacted in order to declare what the law always was and to restore the law as it stood before the decision in Avitchy Chettiar v. Rasamma (1933) 35 N. L. R. 313. Where, therefore, a woman, who married in 1917, purchased certain lands in 1918 with her dowry money during the subsistence of the marriage, suc

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