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) and that he be placed in possession thereof. The appellant claims that one Talgahagoda Dhammadara was the original Viharadhipati of Ogaspe, and Indurukawa Vihare (hereinafter referred to as Indurukawa). The former was the larger of the two and better endowed? than the latter. Dhammadara had two pupils, Godagama Jinaratana, also known as Ehadugoda Jinaratana, and Murungasyaye Sumana. Of these two Sumana was the senior, having been ordained on the same-day but before Jinaratana. Dhammadara died on 28th October, 1914, at Ogaspe. Shortly before his death he executed a deed No. 2432 of 2nd April, 1914, which for the purposes of this action is marked P1. In that instrument Dhammadara after reciting how he succeeded to the office of Viharadhiwasi of Ogaspe and Indurukawa and expressing his? desire to nominate Jinaratana as his successor states -

"I, the aforesaid Talgahagoda Dhammadara Therunnanse, do-hereby appoint my own pupil Godagama Jinaratana Unnanse' to be the Adikari after my demise of Ogaspe Vihare (here follows a description of the vihare and its grounds) and also of Indurukawa Vihare (here follows a description of the vihare and its grounds) Further that the aforesaid Godagama Jinaratana Therunnanse shall enjoy the income of the aforesaid premises in accordance with the rules and regulations laid down in the Vinaya and shall spend for the repairs, upkeep and improvements of the aforesaid Vihares ; should assist who is presently my pupil Murungasyaye Sumana Unnanse to prosecute his studies financially ; and also permit him to reside at Ogaspe Temple ".

Dhammadara died on 28th October, 1914. Immediately after his* death disputes arose between Jinaratana and Sumana. Parties interested in the welfare of the temple appear to have brought about a settlement of those disputes. That settlement is recorded in the document D11 which is set out below :
" The writing attaches to the list bearing the date 11th November, 1914".

" On the 23rd January, 1915, at Ogaspe Vihare, the trustees of the said Vihare and D. C. Wiratunga Ralahamy, President of the District Committee, having met the dispute that existed between Murungasyaye Sumana Therunnanse and Ehadugoda Jinaratana Therunnanse was settled there :

Murungasyaye Sumana Therunnanse shall reside and be in charge of Ogaspe Vihare.

Ehadugoda Therunnanse shall reside and be in charge of Indurukawa Vihare.

That the priests resident thereon shall have the right to make use of the produce and income of the said two Vihares in a reasonable manner.

That Murungasyaye Sumana Therunnanse as chief shall in the knowing of the trustee in charge of the vihare protect the goods etc. mentioned in this list ".

In derogation of the settlement of 23rd January,. 1915, and without making even a