1961  Present : Sinnetamby, J., and L. B. de Silva, J.

R. E. FERNANDO

, Appellant, and W. W. DABRERA and others,
Respondents

S. C. 3911958-D. C. Chilaw, 13553/P

Marriage by habit and repute-Proof.

Evidence of marriage ceremonies or religious rites is not essential to establish marriage by habit and repute if both the parties to the marriage are dead and the marriage itself was contracted at a very early date.

APPEAL from a judgment of the District Court, Chilaw.

N. E. Weerasooria, Q. C., with H. Wanigatunga and Cecil de S. Wijaratne, for the plaintiff-appellant.

W. D. Gunasekera, for the 7th and 8th defendants-respondents.

Cur. adv. vult.

March 13, 1961.    SINNETAMBY, J.-

The plaintiff instituted this action for partition of the land called Paluwelgalamukalana, alleging that he, the 1st defendant, and the 2nd defendant were co-owners. The 1st defendant William claimed the land exclusively as his own, basing it on prescription. William's claim, however, failed both in the original court and in appeal, and an inter­locutory decree for partition was entered. Subsequently, it was dis­covered that certain other parties had to be added, a