Kamburugamuwa Piyananda Terunnanse V. Uyangoda Sumanajothi Terunnanse

1963 Present: Tambiah, J., and Abeyesundere, J.

KAMBURUGAMUWA PIYANANDA TERUNNANSE, Appellant, and
UYANGODA SUMANAJOTHI TERUNNANSE, Respondent

S. C. 638/60-D.C. Matara, 676

Buddhist ecclesiastical law-Incumbency of vihare-Succession originally by several pupils-Applicability thereafter of rule sissyanu sisya paramparawa-Burden of proof.

        In considering the rule of succession relating to the incumbency of a Buddhist temple, or vihare, the sissyanu sisya paramparawa rule is presumed to apply, unless the contrary be shown. Any rule of succession other than the sissyanu sisya paramparawa is an exception to the general rule, and the burden of proving such a rule rests on the party who alleges it.

      Plaintiff sued for a declaration that he was the viharadhipathi of a certain Buddhist temple and that the defendant should be ejected from the premises. He alleged that the succession to the office of Viharadhipathi of this temple was not governed by the sissyanu sisya paramparawa rule but that, by usage, it took place according to the order of seniority of upasampatha ordination of each

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