1955 Present : Basnayake, A.C.J., and Pulle, J.

M. NANDARAMA, Appellant, and A. RATHANAPALA,
Respondent

S. C. 85-D. C. Matara, 21,128

Buddhist Ecclesiastical Law-Viharadhipati-Renunciation of office.

A bhikkhu who is Viharadhipati of a temple is entitled to renounce his office of Viharadhipati.

Not only may a pupil who succeeds to the office of Viharadhipati by virtue of being the senior pupil of his tutor renounce his office, but also a junior pupil nominated by his tutor as his successor is free to renounce his right.

APPEAL from a judgment of the District Court, Matara.

H. W. Jayewardene, Q.C., with P. Ranasinghe, for the Plaintiff-Appellant.

N. E. Weerasooria, Q.C., with A. F. Wijemanne, for the Defendant-Respondent.

July 12, 1955. BASNAYAKE, A.C.J.-

This is an action by Malimboda Nandarama (hereinafter referred to as the appellant), the senior pupil of the late Godagama Jinaratana, against Akurugoda Rathanapala (hereinafter referred to as the respondent), the

senior pupil of the late Murungasyaye Sumana, praying that he be declared the Viharadhipati of the temple known as Ogaspe Vihare (hereinafter referred to as Ogaspe)