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 generation of priests.

     The evidence showed that the original viharadhipathi devised by last will of 26th July 1839 the vihare and its temporalities to all his pupils to be shared equally by them and that, accordingly, after his death, his pupils succeeded in turn as incumbents, according to their seniority. There was nothing, however, apart from some unreliable self-serving documents, to suggest that the rule of succession relied on by the plaintiff was ever followed thereafter and that the rule of sissyanu sisya paramparawa was not followed.

    Held, that the finding that the original pupils succeeded in turn to the incumbency was not inconsistent with the applicability of the sissyanu sisya, paramparawa rule.

   APPEAL from a judgment of the District Court, Matara.

                       H. V. Perera, Q.C., with H. A. Koattegoda and N. R. M. Daluwatte, for the Defendant-Appellant.

                     H. W. Jayewardene, Q.C., with W. D. Gunasekera and L. C. Seneviratne, for the Plaintiff-Respondent.

Cur. adv. vult.

December 20, 1963. TAMBIAH, J.-

     The plaintiff brought this action for a declaration that he is the viharadhipathi of a temple called Godakanda Samudratheera Aramaya in Kamburugamuwa and prayed for an ejectment of the defendant who, he alleged, was in wrongful possession of the said vihare.

       The plaintiff, in his evidence, stated that the original viharadipathy of the said vihare was one Ahangama Dhammananda Thero who, by last will No. 158 of 26.7.1838, marked P9, devised all his temporalities to his six pupils, namely,

                      (1) Garanduwe Sangharakkhitha

                     (2) Aluthwatte Jothirathana

                     (3) Weragampita Seeladhara

                     (4) Ahangama Seelarathana

                     (5) Kamburugamuwa Rathanasara

                     (6) Mirissa Rathanapala.

    The plaintiff's case is that this temple had a peculiar rule of succession, different from the sissyanu sisya paramparawa and that the succession to the office of viharadipathy of this temple took place according to the order of seniority of upasampatha ordination of each generation of priests. In the course of his evidence, the plaintiff said that according to this rule, a priest, who is the most senior by higher ordination out of the pupils of any particular tutor, at any particular time, succeeded to the incumbency.

    The defendant, who is in possession of the temple, claimed to be the viharadipathy of the temple by the rule of sissyanu sisya paramparawa from Seeladhara, the pupil of Ahangama Dhammananda.

     According to the plaintiff, after the death of Ahangama Dhammananda, Sangharakkhitha, Jothirathana, Seeladhara and Rathanasara succeeded in turn as incumbents o

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