1960 Present : Basnayake, C.J., K. D. de Silva, J., Sansoni, J.,
H. N. G. Fernando, J., and T. S. Fernando, J.

KARUNAWATHIE MENIKE,

Appellant, and EDMUND PERERA,
Respondent

S. C. 541-D. C. Kandy, 5029/P

Kandyan Law-Diga married widower-Death of son unmarried and without issue-"Devol1J,tion of immovable property inherited by him from his mother-Kandyan Law Declaration and Amendment Ordinance, No. 39 of 1938, s. 16.

Held, by SANSONI, J., H. N. G. FERNANDO, J., and T. S. FERNANDO, J. (BASNAYAKE, C.J. and K. D. DE SILVA, J., dissenting): Prior to the date when the Kandyan Law Declaration and Amendment Ordinance No. 39 of 1938 was enacted, when an unmarried Kandyan died intestate and without issue, leaving surviving him his brothers and sisters and his diga married father, any immovable property which the deceased had in erited from his mother devolved absolutely on his father and not on the brothers and sisters subject to a life interest in favour of the father.

APPEAL from a judgment of the District Court, Kandy. This appeal was referred to a Bench of five Judges under section 51 of the Courts Ordinance.

B. S. C. Ratwat