Case Details

Citation(s)
1959 SLG 4148 = 1959 SLD 4148 = 1959 PLD 72
Privy Council
  Privy Council Appeal No. 2 of 1957 decided on 5th March, to Supreme Court of Ceylon.
Presented By: Lords Oaksey, Morton of Henryton, Denning, Birkett and Mr. L. M. D. de Silva  
Phineas Quass Q. C. and Sirimevan Amerasinghe for Appel lant.   Solicitors: T. L. Wilson & Co.   Stephen Chapman Q. C. and John Stephenson for Respon dent.   Solicitors: Darley Cumberland & Co.

TENNEKOON          MUDIYANSELAGE            TIKIRI           BANDA AMUNUGAMA-Appellant  

VERSUS

  LATH MUDIYANSELAGE TIKIRI BANDA HERATH--Respondent  

Law:

Section:

Fraud-   Belated allegations of-Must be scrutinised with considerable caution.   Date of hearing: 20th January 1958.    JUDGMENT   MR. L. M. D. DE SILVA.---The appellant, Who was the plaintiff in the case, sued the respondent in the District Court of Kurunegala to have it declared that the respondent held certain land in trust for him, for an order directing the respondent to execute a conveyance of the' said land to him, and for damages. After trial the District Judge entered judgment for the appellant. On appeal to the Supreme Court the judgment of the District Judge was set aside and the action dismissed. This is an appeal from the judgment of the Supreme Court. The land in question belonged to one Edward Banda, a Kandyan (hereafter called Edward), who was married to one Bandara Menika (hereafter called Bandara). Edward died intestate in March, 1929.   On the 9th July, 1929, Bandara filed a petition support ed by an affidavit in testamentary case 3714 of the District Court of Kurunegala in which she, as widow, prayed that letters of administration be issued to her. In the petition she named as first respondent one Somawathie who, she said, was the adopted child of the deceased, but as to whose adoption she was " unaware whether it is in accordance with the require ments of the Kandyan Law for the purpose of inheritance ". She also named as 3rd and 4th respondents two nieces (children of a sister) of Edward "as they claimed an interest in the estate ".   Earlier, on the 11th June, 1929, Bandara had filed an affidavit for the purpose of having a guardian appointed over Somawathie, who at that time was a minor of the age of 17 years, in which she had stated that Edward had died leaving as heirs herself as widow and one Somawathie " who is the adopted child of the said deceased ". She had made no reference to the children of Edward's sister and she bad not expressed any doubt about the validity under Kandyan Law of the adoption. On that occasion one Appuhamy, the natural father of Somawathie was appointed guardian. He was the 2nd respondent to the petition.   On the 1st October, 1929,…
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