Naganathar, C. V. Velautham, S.

1953 Present: Gratiaen J. and Weerasooriya J.

C. NAGANATHAR, Appellant, and S. VELAUTHAM et al.,
Respondents

S. C. 214-D. C. Point Pedro, 3,712
 

Thesavalamai-Wife's separate immovable property-Husband's position in regard to such property-Quia timet action-Jurisdiction of Court to enter a declaratory decree-Jaffna Matrimonial Rights and Inheritance Ordinance (Cap 48.), ss. 6, 19 (b), 20 (1)-Amending Ordinance No. 58 of 1947.

A Court has jurisdiction to grant relief in the form of a declaratory decree in quia timet proceedings when such a decree would accomplish the ends of precautionary justice for the protection even of future or contingent rights. The Court must, however, be satisfied that the declaratory decree asked for in any particular action relates to a concrete and genuine dispute and would, if passed, serve some real purpose in the event of future litigation between the same parties.

By a deed executed in July 1944, a wife, to whom the Thesavalamai applied, purported, during the subsistence of her marriage but without her husband's consent, to convey her separate immovable property. Earlier, in November, 1943, th

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