Dhammaloka Thero V. Saranapala Thero

1956 Present : de Silva, J., and H. N. G. Fernando, J.

U. DHAMMALOKA THERO, Appellant, and P. SARANAPALA
THERO, Respondent

S. C. 482-D. C. Kandy, 3,220/L

Buddhist Ecclesiastical Law--Sisyanu sisya paramparawa-Extinction of line of succession-Appointment of new Viharadhipathi-Proper procedure- Prescription.

Upon the extinction of the line of pupillary succession to a Buddhist temple governed by the rule of succession known as sisyanu sisya paramparawa, the temple vests in the Sangha and the right of appointing a new Viharadhipathi vests in the Mahanayake of the fraternity which has jurisdiction over it. The fact that a stranger has functioned as Viharadhipathi for a long period does not entitle him to defeat the Mahanayake's right of appointment, which is a right that cannot be lost by prescription.

APPEAL from a judgment of the District Court, Kandy.

H.W. Jayewardene, Q.C., with P. Ranasinghe, for the defendant appellant.

Sir Lalita Rajapakse, Q.C., with M. L. de Silva, for the plaintiff respondent.

Cur. adv. vult.

April 30, 1956. DE SILVA, J.-

The Rev. Saranapala Thero, the plaintiff, instituted this action against the defendant Rev. Dhammaloka Thero praying for a declaration that he is the controlling Viharadhipathi of the Buddhist temple called Illupendeniya Vihare and as such he is entitled to the full control and management of the said Vihare and its temporalities and for the ejectment of the defendant therefrom. The defendant resisted the claim of the plaintiff and asserted that he was the lawful Viharadhipathi of this temple by right of appointment to that office by the Mahanayake of the Asgiriya fraternity of Buddhist monks on deed D 1 of November 4 of 1946. The learned District Judge entered judgment for plaintiff as prayed for. This appeal is from that judgment.

Admittedly, this temple is within the jurisdiction of the Asgiriya fraternity and it is governed by the rule of succession known as Sisyanu Sisya Paramparawa. It is also common ground that one Palledeniye Ratanapala Thero was at one time the Viharadhipathi of this temple and he by deed P 1 in the year 1897 gifted this temple together with its temporalities to his only pupil Rev. Wanaratana Thero and Rev. Sobita who was not in the line of pupillary succession. Wanaratana Thero gave up his robes in the year 1902. Thereafter, in the same-year, Rev. Sobitha by deed P 2 purported to gift this temple and the lands belonging to it to Rev. Randewella Piyadassi Thero who died in the year 1937.

No rights passed on this deed P 2 as neither the donor nor the donee was in the pupillary succession of Ratanapala Thero. The deed P1 also did not confer any rights on Sobita Thero as he was not in this line of succession. Piyadassi Thero, however, functioned as the Viharadhipathi of this temple without let or hindrance from anyone. He had two pupils namely the plaintiff and the defendant of whom the former is admittedly the senior. Shortly before his death Piyadassi Thero by deed P 6 dated 2.7.37 gifted this temple and its temporalities to his two pupils, the plaintiff and the defendant in equal shares. This deed would not pass any title as the property dealt with by it is Sangika. Neither party rests his claim on this document. In or about the year 1938 the plaintiff began to receive his education in a Pirivena at Gampola while the defendant continued to reside in this temple. The plaintiff however used to visit this temple about once a week. The temple appears to be a fairly valuable one. It owns paddy fields and tea lands. According to the plaintiff the defendant began to dispute his right only in the year 1950 but it appears from the evidence that the defendant made up his mind to set up a claim to the incumbency as far back as 1946.

It is not denied that when Rev. Wanaratana Thero gave up his robes in the year 1902 the pupillary succession which existed so far came to an end

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