Okandeyaye Wangeesa Thera V. Mulgirigala Sunanda Thera

1962 Present : H. N. G. Fernando, J., and T. S. Fernando, J.

OKANDEYAYE WANGEESA THERA, Appellant, and
MULGIRIGALA SUNANDA THERA, Respondent

S. C. 520 of 1959-D. C. Tangalle, 631/L

Buddhist ecclesiastical law-Ancient temple-Succession to incumbency thereof- Absence of evidence of terms of original dedication-Mode of succession then- Applicability of sisyanu sisya paramparawa rule.

In a dispute between the appellant and the respondent as to which of them was entitled to be incumbent or viharadhipati of the ancient Buddhist temple Mulgirigala Raja Maha Vihare there was no evidence, in view of the lapse of time and the absence of records, of the terms by which the succession to the incumbency was regulated by the original dedication.

Held, that, in the circumstances, it was necessary to fall back upon such evidence as was available relating to the mode of succession upon and after the death of the first incumbent. In the present case it was indisputably established by the evidence that the rule of sisyanu sisya paramparawa did not apply to the temple and that the traditional and customary mode of appoint

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