Sithamparanather Mailvaganam V. Kumaraswamy Kurukkal Ramanatha Aiyar

1953 Present: Rose C.J., Nagalingam S.P.J. and K. D. de Silva J.

SITHAMPARANATHER MAILVAGANAM et al. Appellants,

and KUMARASWAMY KURUKKAL RAMANATHA
AIYAR et al., Respondents

S. C. 58-D. C. Jaffna, 395T
 

Hindu temple-No evidence of express dedication-Charitable trust-Inference of its . existence-Relevant factors-Trusts Ordinance (Cap. 72), s. 107.

In deciding, under section 107 of the Trusts Ordinance, whether or not a temple, even in the absence of an express dedication, should be deemed to be a charitable trust, such matters as the holding of public services at the temple, donations to the temple by members of the public throughout a long period of time and improvements effected to it by them are matters which can properly be taken into consideration.

APPEAL from a judgment of the District Court, Jaffna. This case was referred to a Bench of three Judges owing to a difference of opinion between the two Judges before whom it had been previously listed.

S. J. V. Chelvanayakam, Q. C., with C. Vanniasingham and C. Shanmuganayagam, for the plaintiffs appellants.

E. B. Wikramanayake, Q. C.,

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