Dhammavisuddhi Thero Et Al., . V. Dhammadassi Thero

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

DHAMMAVISUDDHI THERO et al., Appellants, and
DHAMMADASSI THERO, Respondent

S. C. 348-D. C. Colombo, 5,517/L

Buddhist Ecclesiastical Law-Dedication of temple-Viharadhipati-Appointment need not be in writing-Bhikhhu-Residence in temple-Right to claim incumbency thereby.

When a Buddhist temple is built for the first time by laymen and offered to the Sangha, there is no requirement of law or custom that the viharadhipati should be appointed by a written document.

Where a bhikkhu who is a viharadhipati of more than one temple places bhikkhus in whom he has confidence, not necessarily his pupils, in charge of the different temples of which he is viharadhipati, while adopting for his usual residence only one of them, the performance of their duties by the bhikkhus so appointed does not have the effect of making them viharadhipatis of the respective temples. There being no particular duties, spiritual or temporal, which a viharadhipati need perform for the purpose of keeping alive his rights, such rights cannot be said to be lost because another bhikkhu who is actuall

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