Kirikitta Saranankara Thero V. Medegama Dhammananda Thero

1954 Present: Gratiaen J. and Gunasekara J.

KIRIKITTA SARANANKARA THERO, Appellant, and

 MEDEGAMA DHAMMANANDA THERO et al., Respondents

S. C. 266-D. C. Gampaha, 605/5643L
 

Buddhist temple-Claim to incumbency thereof-Reference to ecclesiastical court- Binding force of decisions of extra-judicial tribunals-Computation of prescriptive period-Prescription Ordinance (Cap. 55), s. 10.

Persons who voluntarily submit a dispute to an extra-judicial tribunal must abide by its decision unless it be vitiated by misconduct or substantial irregularity of procedure or by a violation of the principles of natural justice.

Plaintiff sued the 1st defendant for a declaration that he, and not the 1st defendant, was the incumbent of a certain Buddhist temple. This dispute had been previously referred to an ecclesiastical court whose decision the rival claimants had (by necessary implication, if not expressly) agreed to regard as binding on them. After the decision of the ecclesiastical court in favour of the plaintiff, the 1st defendant requested him to refrain from enforcing his rights for about a year " until it is s

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