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The Supreme Court Reports (Volume 3); Being Reports of Cases Decided by the Supreme Court of Ceylon, with a Digest

The Supreme Court Reports (Volume 3); Being Reports of Cases Decided by the Supreme Court of Ceylon, with a Digest


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1896 Excerpt: ... Befork Lawrie A. C. J. And Withers, J. November 15 and 20, 1S04. MANIKA v. HORETALA, No. 7,515 D. C, Kaxdy. Kandyan Law--Widows right to maintenance--Ancestral lands--Acquired property. According to Kandyan Law a widow is untitled to remain in her husband's house and to be maintained from the produce of his ancestral lands so long as she remains unni irried and of good conduct. The right of a widow to possess the acquired property of her deceased husband during her lifetime is not taken away by her contracting a second marriage. The facts sufficiently appear in the judgment of LAWRIB, A. C. J. Dornhorst, for appellant. Wendt, for respondent. Lawrie, A. C. J.--I am of opinion that the plaintiff is not certainly entitled to a decree in ejectment, so long as her mother be alive, if her mother were now in possession of this acquired property of her husband, the father of the plaintiff, the latter could uot have ejected her on plea that she had married again. By Kandyan Law a widow was entitled to remain in her husband's house and to be maintained from the produce of his ancestral lands, so long as she remained unmarried and of good conduct, her children or the other more remote next of kin of the deceased husband were not obliged to maintain her if she left the bouse to live with a second husband, but it was different in the case of the widow's right to possess the accmired property. I do not find authority of a kind which I think sufficient, that the widow's possession of acquired land was to come to an end on a second marriage, one reason why she was allowed to possess it for her life, was that in most cases it had been purchased by the savings and exertions of the wife as much as of the husband. If this plaintiff could not have ejected her mother, she cannot...


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Product Details
  • ISBN-13: 9780217373760
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 64
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 0217373763
  • Publisher Date: 08 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 132 gr

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The Supreme Court Reports (Volume 3); Being Reports of Cases Decided by the Supreme Court of Ceylon, with a Digest
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