ජයසිංහ එදිරිව කිරිබින්දු සහ තවත් අය

උක්කුවා නම් පුද්ගලයාට කිරිබින්දු හා රනා නම් දරුවන් දෙදෙනෙකු වූ අතර , කිරිබින්දු (දුව) පියසේන නම් පුද්ගලේයෙක් 1939.7.27 දින දිග විවාහයක් මගින් විවාහ කරගන්නා ලදී. මෙම විවාහයෙන් කලකට පසු කිර්රිබින්දු ගේ සහෝදරයා වූ රනා ගේ බිරිද මිය ගිය අතර , කිරිබින්දු දිග විවාහයකට ඇතුලත් වුවද තම මුල් ගෙදර අත් හැර නොගොස් තම සහෝදරයාගේ දරුවන් තිදෙනා රැක බලා ගනිමින් ජිවත් විය.

One Ukkuwa had two children: a daughter named Kiribindu and a son named Rana. Kiribindu married one Piyasena on 27.7.1939. The marria a was registered as a diga marriage. Snortly before Kiribindu's marriage her brother Rana's wife had died leaving her husband Rana and their three children Jayasinghe (1st defendant - appellant) Mathupala (3rd defendant - respondent) and Somawathie (4th defendant - respondent). Kiribindu though married in diga did not leave the mulgedera but stayed on and looked after her brother Rana's three children. Piyasena died in 1946 but Kiribindu did not re-marry. She continued to live in the Mulgedera. Her father Ukkuwa died in 1957. Rana died in 1971 leaving as heirs his three children aforesaid. In an earlier action D.C. Kegalle L/16312 in respect of another land between Rana and Kiribindu (reported in 1979 (2) N.L.R. 73) it had been held by the Supreme Court on a construction of section 9 of the Kandyan Law Declaration and Amendment Ordinance, No. 39 of 1938 that after dissolution of a marriage of a diga married woman she can re-acquire her lost right to succeed to her paternal inheritance by change of her residence to the mulgedera. The decision in L/16312 was by the District Judge held to be res Judicata in the present action which Kiribindu filed for partition of six lands on the basis of inheritance from Ukkuwa. The other questions were whether Kiribindu was in fact a binna - married daughter or alternatively whether she had regained rights of succession appropriate to that of a binna - married daughter by continuously residing in the mulgedera and/or by maintaining a close connection with it by staying there to look after the children of her brother Rana.

However it was decided by the supreme Court whether Kiribindu has the right to own the properties and the CJ it all depends on the law. In making the decision courts has explained the purpose of the KLDA no 39 or 1938.

It was to not to let the properties go away from the inherent family. So based on that sence the case Rana Vs Kiribindu has over ruled and decided that Kiribindu in this case (Jayasinghe vs Kiribindu) has no rights to the inheritance.

ආශ්‍රිත

ලෝනෙට් වෙත වූ නඩු වාර්තා සංරක්ෂණය කළ පිටපත 2008-03-07 at the Wayback Machine