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TESAW
THE LAWS & INHABITANTS
OF .
T. SRI RA

ALAMAT
CUSTOMS OF THE OF THE PROVINCE JAFFNA
BY AMANATHAN

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MR. T. SRI RAMANATHAN Proctor of the Supreme Court & Notary Public is well known ir legal circles of Ceylon, is : practising Lawyer, Honorary Lec. turer of the Ceylon Law College member of the Council of Lega Education, President of the Lan Society of Ceylon. He has par. ticipated in several legal and U.N conferences in different parts o the World, Manila, Tokyo, Ge. neva, Rome, New York, Kuala Lumpur, Sydney, New Delhi.
At the Law Asia Conference ir 1968 Mr. Ramanathan submitted a paper on Legal Aid. In 1958, Mr. Sri Ramanathan was chosen as a recipient of one o the seven (in the world) covetous awards of the United Nation: Study Programme. He has observed the functioning of several legal institutions o the world. He was also a member of the Industrial Court pane under the industrial Disputes Act
-The Nadaraja Press

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se Gamtos mode:
TESAWA
THE LAWS & C INHABITANTS OF
OF J
T. Sri R Proctor of the Supr
Notary Public, i Ceylon Law Colle Council of Legal Eo President Incorporated
THE NAD
COL

FATHER & RAMANATHAN storneys - at . Law & Notaries Publla' 136. HULTSDORP STREET,
"COLOMBO 12.
ALAMAI
USTOMS OF THE - THE PROVINCE
AFFNA
BY
AMANATHAN -eme Court of Ceylon, Lecturer (Honorary) ege, Member of the ducation (Ceylon), and
Law Society of Ceylon
ARAJA PRESS Омво 3

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FIRST EI
SECOND EI
THIRD EI
FOURTH EI
Printed in Sri
A RANCO PRINTEI NADARAJA
COLO

DITION 1962
DITION 1963
DITION 1965
DITION 1972
E Lanka (Ceylon)
Rs & PUBLISHERS - BUILDING
MBO 3

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FOR EV
Mr. T. Sri Ran Notary, has brought lectures on Tesawalama to the Law StudentsYear, 1961–62. The c the topics and the weal the amount of labour a on a difficult branch of value to the Law Stud vides sufficient materia tioner to guide him in
N
24th May, 1962.

VORD
1anathan, Proctor & put in a volume the ai which he delivered during the Academic careful arrangement of th of reference reflect ind thought bestowed f our laws. While its ent is obvious, it pro1 to the busy practi- advising his clients.
gd.) M. F. S. PULLE, Principal, Ceylon Law College
and Retired Puisne Justice f the Supreme Court of Ceylon.

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Page 9
PREF
As a Lecturer at the Ceylo deliver a series of lectures on and Customs of the inhab Jaffna) to the Final Year purpose I had to prepare n with suitable modifications, for the benefit of students p who would like to hav «Tesawalamai”.
There are bound to be in this book as the subject h a critical way. I do hope I such errors and omissions.
I am greatly indebted t President of the Law Socie embark on this venture. S Proctor of the Supreme Co Proctors should also in a sm. literature on legal topics. ] me in no small measure to this work.
,, Ayodhya ” 14, Flower Terrace,
Colombo 3. (Ceylon) -

is in
ACE on Law College I had to
“Tesawalamai” (the Laws itants of the Province of
Law Students. For that iy lectures and I felt that I could compile this book primarily and also of those e a knowledge of the
some errors and omissions as not been approached in readers will forgive me for
co Sir Cyril de Zoysa, Kt., ty for encouraging me to ir Cyril, who is himself a purt, has always felt that rall way contribute to the Elis enthusiasm has helped
· undertake and complete
T. SRI RAMANATHAN

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PRE
Second
The books prir of. There is a dema Hence a second editi come necessary. Ther or changes from the fir
“ Ayodhya ” 14, Flower Terrace,
Colombo 3. (Ceylon)

FA CE
Edition
ated have been disposed and for further copies. on of the book has be
re has been no additions
est edition.
T. SRI RAMANATHAN

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PREF
Third I
The demand for Hence I am obliged to There are no additions previous editions.
“ Ayodhya '" 14, Flower Terrace, Colombo 3. (Ceylon)

- АСЕ
Edition
this book has increased.
issue the third edition. s or changes from the
T. SRI RAMANATHAN

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PREI
Fourth
This edition ha date with regard to ca to the assistance give Chinniah, Advocate.
“ Ayodhya ” 14, Flower Terrace,
Colombo 3. (Ceylon)

'ACE
Edition
s been brought up-tose law. I am grateful n to me by Mr. A.
T. SRI RAMANATHAN

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C o N T
CHAPTER I
A. The Origins of Tesawala
Influence of Hindu Law Influence of Mohammedar Influence of Roman-Dutch Influence of English Law Influence of Foreign Syster
B. Sources of Tesawalamai
Custom as a source of law ir Law to be applied when T
CHAPTER II
Applicability of Tesawalam
(1) Persons to whom Tesawala (2) Subjects to which this p
to the exclusion of the gen
CHAPTER III
Slavery and Caste System :
Slavery among the Tamils The Rights and Duties of Origin and termination of The Origin of Caste Systen Caste System in Dravidian Caste in Jaffna
CHAPTER IV
Marriage :
Essentials of a Valid Marri Marriage by Habit and Re Consequences of Marriage Proprietory Relations unde Rights of Spouses govern
Matrimonial Rights and Contractual Rights and Lia
of Law

E N T S
PAGE.
amai :
1-6
I-3
a Law - Law
ms of Law
3-5
1 Tesawalamai esawalamai is silent
N در
ai :
7-13
7-12
imai applied
articular law is applied eral law of the land
12-13
I4-19
15-19
16-17
the Masters Slavery
17 17
Society
18-19
20
21-28
pute
age
21-24
24
25 r the Old Tesawalamai
| 25 ed by the Jaffna Inheritance Ordinance 25-26 bilities Status in Court
26-27

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CHAPTER V
Guardianship :
Under the Common Law a Parental Power Adoption Ceremonies of Adoption Person who could be adopt
adoption Rights and obligations of C
CHAPTER VI
The Law of Property :
Division of Property in Tes Mudusam (Ancestral Prop
Mudusam Mudusam under the Jaffr
and Inheritance Ordinar Dowry Property (Chidenar The Origin of Dowry-Per:
Dowry Form of Dowry Deed
of the Parents in respect Rights and Obligations of
respect of Dowry Proper Acquired Property Thediatettam Property within the meanin
Matrimonial Rights and Powers of Spouses under th Remedies of the wife on her Wife's right of alienation of Law of Thediatettam unde
CHAPTER VII
Registration of Title :
Inheritance under the .
Inheritance Ordinance Applicability of the Ordina Different kinds of Propert
and Inheritance Ordina Succession under the Ordir Law application when Ma
Inheritance Ordinance is

PAGE
29-36
nd under Tesawalamai 29-31
31 32
32
:d, consequence of valid hildren
32-34 35-36
37-53
awalamai erty)—Origin of
* * * * *
ia Matrimonial Rights nce
39 sons who could grant
39 Rights and Obligations of Dowry Property
40-42 the Spouses interse in
| 43 43
43 ng of Section 19 (a) of the
Inheritance Ordinance 44-48 e acquired property - heirs
Thediatettam
50 er Ordinance 58 of 47
46, 51
-ty
49 50
54-68
Jaffna Rights and
59-67
59-63
ince Ey of the Jaffna Rights
nce
62-63 63-67
nance
trimonial Rights and B silent
67

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CHAPTER VIII
Servitudes-Leases--Planten
Mortgage : Servitudes
—Interes –Rights -Servitu
neig
with Leases
—Law of Planter's Interest –Rights
–Rights
а с Otti Mortgage
—Influer —Definit --Rights —Rights —Termir
—The M CHAPTER IX
The Law of Pre-Emption :
The Origin of Pre-Emptior. The Nature of Pre-Emptior The Definition of Pre-Emp
Heirs-Co-owners Preference among Persons
Notice of Sale Rights and Obligations of The Pre-Emption Action The Tesawalamai Pre-Emp
Procedure for enforcing the CHAPTER X
The Law of Obligations :
· Sale–Movables
--Hire --Exchange —Donations —Loans of Money
—Suretyship APPENDIX I — List of Books APPENDIX II - List of Cases APPENDIX III — Jaffna Matri
Inheritanc APPENDIX IV – Thesawalama
Ordinance

PAGE
-'s Interest--Otti
69-75
69
71 71
t in property
69 over overhanging trees ades of crossing into the abour's land for fencing
Olas Leases of a co-owner
72-73 of a Person other than D-owner nce of Roman-Dutch Law cion
and obligations of Parties and Duties of Mortgagor nation of Otti Cortgage Action
tion
76-85 76-77 77-78 78-79 79-80 80-81 81-82 83-84
entitled to Pre-Emption
Seller and Pre-Emptor
otion Ordinance e Right of Pre-Emption
GS.
86-88
86
87
81
87 87
and Statutes Referred to 88-89 } Cited
90-93 monial Right and e Ordinance
94-101 ai Pre-emption
102-106

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CHAP:
LAWS OF T
The origin of Tes: Influence of Hindu La Influence of Mohammi Influence of Roman-D Influence of English L
Sources of Tesaw Custom as a source of I Law to be applied whe
This Chapter will consist of 1 of Tesawalamai and Secondly the
In trying to trace the origi appropriate for one to consider t influence of Mohammedan Law, Law and the influence of English
You will recall that His M Britain declared a Proclamation when Ceylon was taken over b inter alia stated "the administrati settlement of the island then territories and dependencies ther during His Majesty's pleasure, exe according to the Laws and instit ancient Government of the Un alterations which the Governor n time to time”.
Walter Pereira states as follows :-
“Thus in Ceylon no less than of Municipal Common Law w These were the Roman-Dutch customs of the Malabar inhabita the laws and usages of the Muss or the custom regulating the succe Mukkuvars of Batticaloa ; and the

ER I
ESAWALAMAI
awalamai
w ; edan Law ; utch Law ; aw.
alamai : Law in Tesawalamai ; n Tesawalamai is silent.
two parts:-- Firstly the Origins sources of Tesawalamai.
in of Tesawalamai it would be he influence of Hindu Law, the the influence of Roman-Dutch
Law.
ajesty George the III of Great
on the 23rd September, 1799 y the British. The declaration on of Justice and Police in the
in His Majesty's dominion, reof, should be henceforth and rcised by all Courts of judicature utions that subsisted under the ited Provinces, subject to any may by proclamation make from
5 systems or portion of systems :re given the Royal sanction.
Law; the Tesawalamai ; or its of the "Province of Jaffna’” almans ; the "Mukkuva Law", ssion to intestate property of the
Kandyan Law".

Page 18
It should be noted that th time to time altered by legisla Ordinance entitled "Introduct was an ordinance to introduce i certain cases and to restrict the
The Tesawalamai is defin of the Ceylon Legislative Enact walamai regulation. It states of the Malabar inhabitants of t. by order of Governor Simons, in full force”.
Tesawalamai before it wa customary law applicable to the District. It is very difficult for of this system of law. But it w system of law prevailed in No I mentioned about customary for one to know what "customa to be a source of law comprise not been promulgated by any which really arises from popul by the effluxion of time receiv customary law gets codified th process of the development of legal principles of several system. existing customary laws and th of law. In this connection I wo and 12 entitled 'Customary L by Sir Henry Sumner Maine (1
In this connection I would Pereira mentioned about Tesawa New Law Reports at page 295 :-
“It is a crude ar may fittingly be described with reference to another co “wilderness of single insta) with feeling of relief that practically the whole of i mass of law and custom replaced by legislation on m
In Sabapathy Vs. Sivapragas it was held that the English t in Volume 1 of the Revised Or

Laws of Ceylon have been from tion. I would refer you to the on of Law of England". This .to Ceylon the Law of England in operation of the Kandyan Law.
ed in Section 2 of Chapter 63 nents which is cited as the Tesa
"the Tesawalamai, or customs le province of Jaffna, as collected 1706, shall be considered to be in
s codified by the Dutch was a
Tamils who inhabited the Jaffna ' one to actually trace the origin puld suffice if one realises that this orth Ceylon for several centuries.
laws. It would be appropriate ry law” really means. “Custom'' !s of legal rules, which rules have
legally constituted authority but ar usage and opinion and which es the sanctity of law. Once the aere is a gradual and continuous law. In this procedure one sees as of law gradually getting into the e emergence of a codified system uld refer you to Chapter i page'11 aw' in the book "Ancient Law?” 907 Edition.)
also like to refer to what Justice lamai in Chellapah Vs. Kanapathy, 17
d primitive compilation, which in the words of Tennyson, used -llection of law, as no other than a aces "; and there is, I may add,
one contemplates the fact that his ill-arranged and ill-expressed has been recently repealed and pre modern lines”.
m, 8 New Law Reports at page 62 xt of the Tesawalamai published dinance must be taken as the sole

Page 19
recognised official repository and of the Tamils in Jaffna. .
Justice Lawrie in Puthatam Reports at page 43 states : "I pre is silent, the law of succession in tl
IT WOULD THUS BE HAS TO BE MADE TO ' WHEN TESAWALAMAI IS SI
A Survey of the law of Tes case of Seelachchy Vs. Visuvanathi page 97. Tesawalamai is a coml which means country and “V Dutch Governor Simons in 1704 into the customs of the Tamil inl and to compile them. In 1707 Van Der Duyn in Dutch. Thi Dutch document be translated subsequently delivered these
Mudaliyars to peruse the translat Mudaliyars reported agreement the customs were promulgated b copies were sent to the Courts of
When the Dutch settlement British Regulation No. 18 of 1806 customs commonly known as th sidered to be in full force and Malabar inhabitants of the pro Malabar inhabitant was defenda to this code of custom. In 18 Johnston got the code translated is the law of Tesawalamai now a
- The code of Teswalamai like still remains unchanged at least o in the customs and many repe changed. Jaffna has also chàng now. Customs regarding adoptic legal sanction although the custor abolished by Ordinance 20 of I gives legal sanction to slavery. good portion of the code of Tesa and ineffective. The customs r of people resident in Jaffna by sta given applicability to a wider circ

leclaration of the laws and customs
py Vs. Mailvaganam, 3 New Law sume that when the Tesawalamai ne rest of Ceylon must be applied”.
SEEN THAT RECOURSE THE ROMAN-DUTCH LAW LENT.
awalamai has been made in the en Chetty, 23 New Law Reports at bination of the two words “Tesa" Jalamai” which means custom. instructed Claas Isaakz to inquire habitants of Jaffna as then existed
Isaakz reported to Commander s Commander directed that this into the Tamil language. He translations to 12 “ sensible " tion and revise if necessary. The
with the translation. In 1708 »y the Governor. Authenticated Justice and the Civil Landraad.
: in Ceylon were ceded to the
was issued declaring the code of Le Tesawalamai should be conthat all questions between the vinces of Jaffna or in which a nt should be decided according 14 Chief Justice Sir Alexander
into English. This translation pplicable.
the law of Medes and Persians 1 paper in spite of many changes als of statute. The world has d. Early customs are in disuse n, mortgage of slaves, still have ı has disappeared. Slavery was 344 still the Tesawalamai code It must be remembered that a
walamai as it stands is obsolete :late to the usages and habits tute, and judicial decisions have

Page 20
Dr. H. W. Tambiah in his of the Tamils of Jaffna" states t between the Marumakatyan Law and the Mukkuwa Law and th concludes that all these laws ar law prevalent among the ancient
Owing to immigration of Coasts of India the usages of those Tesawalamai. Some of the prin system have found a place in T in Tesawalamai namely, "so lon
may not claim anything wł they are bound to bring into t to let remain) all that they h: the whole time of their bacl gold and silver ornaments for worn by them and which ha themselves or given to them until the parents die, even if quitted the paternal roof", is expresses one of the fundamental system.
Many instances of the influen set out in Colebrooke's Hindu Lav to one or two further instances of Tesawalamai. If a pawnee use forfeits his interest. If two p of money from another and then the lender can demand tl meets first. This is another in which has found a place in Tesaw
I would now refer to the i: This is visible in the law of pre-er is derived from the Mohammeda Balasingham's Law on Persons, V and Customs of the Tamils of Jaffr
I would now like to conside Law on Tesawalamai. In 166 patnam stated as follows :-
“the native are gove of the country if these are according to our laws.

book the “Laws and Customs at there is a close resemblance (the law of the Malabars in India)
· Tesawalamai of Ceylon. Hę : derived from some customary
Dravidians.
Tamils from the Coromandel
Tamils have been introduced to ciples of the Hindu joint family !sawalamai. I refer to the rule 5 as the parents live, the son latsoever ; on the contrary, he common estate (and there Lve gained or earned, during ielorship excepting wrought their ladies, which have been Lve been either acquired by
by their parents, and that the sons have married and taken from the Hindu law and rules of the Hindu joint family
nce of Hindu law have been well n, Volume 3. I would refer you
the influences of Hindu Law to -d the goods pawned then he ersons jointly borrow a sum - bind themselves generally ne money from the person he aportant principle of Hindu law
alamai.
nfluence of Mohammedan Law. aption. The law of pre-emption un Law. See in this connection olume 1, page 165 and the Laws a by H. W. Tambiah, page 23.
- the influence of Roman-Dutch 5 the Commander of Jaffna
rned according to the customs clear and reasonable ; otherwise

Page 21
In this connection I would i cited namely Puthatamby Vs. Ma that when Tesawalamai is sile Dutch Law.
In Saravanamuttu Vs. Nadar Page 332 it was held that whe Roman-Dutch Law is applicab
In the case of Iya Mattaya New Law Reports, Dalton J, inter a to the auspices under which thi Jaffna was composed and by wł to think that the provisions of R some influence, and that the ide as in the case of Thediatettam n if not derived from the common
Before I conclude about my Dutch Law on Tesawalamai
matters. The rule of Tesawal husband and wife were regarded had given something to the wife gifts had not been revoked, the donations mortis causa and hen Roman-Dutch Law. The rule grow by themselves the fruit be they overshadow has a parallel i
I would now consider brie on Tesawalamai. It should be introduced either by tacit acc Justice Bertram, a Judge traine important question under the T English principles in 23, New
He inter alia stated "I hold tha either of the Plaintiff’s equita of her husband's power to alie way of gift, was not in any wa acquired the property free of hi therefore entitled to judgment ar
I would also like to refer to Rights and Inheritance Ordinai over from the Matrimonial Inhe in itself based on the principles o
Before I conclude this cha

efer you to the case I have already lvaganam where it has been stated it resort has to be made to the
jah reported in 57 New Law Reports, re the Tesawalamai is silent the
.e.
· Vs. Kanapathipillai reported in 29, lia states “having regard, however,
collection of laws and customs of om it was composed, it is difficult oman-Dutch Law did not exercise a of a partial community of goods tay not have been strengthened by law of the Dutch Government”.
i note on the influence of Roman[ would refer to two important amai that though gifts between as null and void, yet if the husband or the wife to the husband, and the n such gifts were in the nature of ce were valid is traceable to the
that in the case of trees which longs to the person whose ground
n Roman-Dutch Law.
efly the influence of English law
noted that English law has been eptance or by legislation. Chief d in English Law in deciding an esawalamai has referred to certain Law Reports at page 117 and 118. t the defendant having no notice ble interest, or of the limitation nate the partnership property by - responsible to the plaintiffs, and er equitable claims, and that he is
d to the dismissal of the appeal”.
the provisions of the Matrimonial =ce (Jaffna) which is mainly taken ritance Ordinance of 1873 which is
English Law.
pter I would like you to refer to

Page 22
Sessional Paper 3 of 1930, report of
This chapter is really an introc you aware of the origin of Tesaw walamai and also the influence Tesawalamai.
References and F
Walter Pereira, Volume I, Institutes o
page 4.
Ceylon Legislative Enactments, Chapte: Ancient Law by Sir Henry Sumner
pages 11 and 12. Chellapah Vs. Kanapathy, 17, New La Sabapathy Vs. Sivapragasam, 8, New L
Puttatamby Vs. Mailvaganam, 3, New
Seelachchy Vs. Visuvanathan Chetty, 23
Regulation 18 of 1806. Dr. H. W. Tambiah, Book on the L
Jaffna, pages 22 and 23. Balasingham's Law on Persons, Volume Iya Mattayar Vs. Kanapathipillai, 29,
23, New Law Reports, pages 117 and 1.
Sessional Paper 3 of 1930. Saravanamuttu Vs. Nadarajah, 57, Nere

the Tesawalamai Commission.
uctory one with a view to making alamai and the sources of Tesaof the other systems of law on
urther Reading f the Law of Ceylon, 1901 Edition,
- 79.
Maine, 1907 Edition, Chapter I,
zu Reports at page 295. Law Reports, page 62.
Law Reports, page 43. R, New Law Reports, page 97.
aws and Customs of the Tamils of
I, page 165.
New Law Reports.
8.
Law Reports, Page 332.

Page 23
CHAP
APPLICABILITY
(1) Persons to whom Tesau
(2) Subjects to which thi.
exclusion of the Gene The applicability of Tesa two topics, namely :
(i) the persons to whom
(ii) the subjects to whic
to the exclusion of th
The first topic has presen remember that Tesawalamai con The first category deals with
Malabar inhabitants of the p category is the law that is app Northern province.
To whom does Tesawalamai
In this connection I would i of the Legislative Enactments wł
«The Tesawalama inhabitants of the provi order of Governor Simo: to be in full force”.
Section 3 deals with“W according to Tesawalamai?”
Malabar inhabitants of the saic inhabitant is defendant, shall customs.
Section 4 captioned "Qi rights and privileges of cas Tesawalamai" states as follow;

TER II
DF TESAWALAMAI
alamai applied.
: particular Law is applied to the ral Law of the land.
iwalamai could be dealt under
it applies ; :h this particular law is applied e general law of the land.
ted problems. It is necessary to Luld be divided into two categories. n the personal laws applicable to rovince of Jaffna. The second
·licable to all lands situated in the
i apply :
-efer you to Section 2 of Chapter 63 nich reads as follows :-
i, or customs of the Malabar ince of Jaffna, as collected by ns, in 1706, shall be considered
hat questions may be decided . It states all questions between 1 province, or wherein a Malabar pe decided according to the said
uestions which relate to the tes to be decided according to -:--

Page 24
"All questions that rela which subsist in the said prov. particularly the Vellalas, on “castes, particularly the Govi. other, shall be decided accordi ancient usages of the province
It would thus be seen to the class of persons who “Malabar inhabitants” of the p
What does the term "Malabar Jaffna mean ? It means that a p walamai must be a "Malabar'". of a particular locality, namely, t is the meaning of the term “M: ponds to the State of Travancore in has been asked whether the law o inhabitants of Jaffna who come fro having a Jaffna inhabitancy.
The preface to the Tesawal. Isaakz states :-
"a description of the e and institutions, according decided among the “Malab of the province of Jaffna on t
He uses the word "Malabar The Tesawalamai was meant to app permanent home in the province of "Malabar" means “Tamil’ is settled
In Chetty Vs. Chetty, 37, New L Tamils, belonging to the communi made Jaffna their home for three the customs followed by other Hindu are “Malabar inhabitants of Jaff Regulation 18 of 1806 to whom the
In Spencer Vs. Rajaratnam 36, . it was held that the Tesawalamai is as the Hindus or Mohammedan 1 Tesawalamai is not a personal law descent and religion to the whole but an exceptional custom in for now the Northern Province and is

e to those rights and privileges nce between the higher castes, che one hand, and the lower s, Nalluas and Palluas on the ng to the said customs and the
hat Tesawalamai applies come under the category Frovince of Jaffna.
inhabitants” of the province of erson to be governed by Tesa
He must be an inhabitant ne province of Jaffna. What alabar" ? "Malabar” corres
Western India. The question f Tesawalamai applies only to m “Malabar” or to all Tamils
amai code written by Claas
established customs usages
to which civil cases are ar” and Tamil inhabitants
he Island of Ceylon”.
as synonymous with Tamil. ly to all Tamils who had their Jaffna. The question whether 'by Judicial decisions.
zw Reports at page 253—where ty known as “Vaniyas”, had generations and had observed families, held; that the parties na” within the meaning of Tesawalamai applies.
New Law Reports at page 321 not a personal law in Ceylon iw is in British India. The attaching itself by reason of Tamil population of Ceylon ce in the province of Jaffna force there, primarily, and

Page 25
mainly at any rate, only amon inhabitants of that province ; in derogation of the common it is applicable to him must affi mere fact that a man is a Jaff while it is a circumstance of considering his real position wi of the Statute definition of the walamai applies. Nothing but : in Ceylon.
In Tharmalingam Chetty. V 45 New Law Reports, page 414 the Jaffna of parents who were na but who had settled permane appellant was governed by
walamai is applicable to Tami of Northern Province. Justice S
walamai applies to Tamils with inhabitancy”. In this case Jus of the Regulation namely, tha inhabitants of the said provinc is a defendant shall be decide He further stated "it is difficult t as Lewis Moore, Mayne and oth
Malabar origin of most of the radically different from the cus
Hindu Law which obtained in that fact leads almost inevitably Tamils who had come from ( Coromandel Coast adopted th question is considered in that : in the Regulation of 1806 whic
made by Isaakz in 1706, it is of the customs of the Malabar that in the reproduction of this G. Leeuwen’s commentaries, the of “customs, usages, institution were decided among the Mal Likewise Thomson in his Instii calls the collection " Tesawa. Again in Thillainathan Vs. Ram to it as a collection of “The ancie of the Province of Jaffna”. I with whom was associated Di opinion that the devolution of t to the Tesawalamai ...... ] all Tamils living in the Mannar

9
3 Tamils who can be said to be is the Tesawalamai is a custom aw, any person who alleges that cmatively establish the fact. The na Tamil by birth or by descent vhich account must be taken in l not bring him within the scope class of persons to whom TesaCeylon domicile can be acquired
. Arunachalam Chettiar reported in
appellant in this case was born in tives of Ramnad in South India, ntly in Jaffna. Held, that the
the Tesawalamai. The TesaIs of Ceylon who are inhabitants pertsz stated in this case “the Tesa. a Ceylon Domicile and a Jaffna tice Soertsz referred to Section 3 t all questions between Malabar e or where a Malabar inhabitant d according to the said customs. o read such well known authorities Lers without being convinced of the e customs collected by Isaakz as stoms appertaining to the general
other parts of the Deccan, and u to the inference that even those other parts of India such as the Le Malabar customs. When the way it is easy to understand why h gave full force to the collection shortly described as a collection inhabitants. It is worthy of note collection in the appendix to Van translator speaks of it as a collection s according to which Civil Cases abar or Tamil inhabitants, &c.” utes of the Laws of Ceylon 1866 ami or Tamil Country Law". ESwamy Chettiar, Bonser C.J. refers at customs of the Tamil inhabitants - Marshall Vs. Savari, Clarence J. as J., said, "We are clearly of ne land must be decided according he persons concerned ..... were District, a portion of the Northern

Page 26
ΙΟ
Province". These views have bee Later cases. To mention one, the Spencer vs. Rajaratnam, in which E that "the Tesawalamai are not the common to all persons of that ra they are the customs of a locality : Ceylon who are inhabitants of a
In view of these decisions cou Chetty who settled down in Jaffna the Tesawalamai. In the case of nayagam, 20, New Law Reports, page who was born in Jaffna and whose permanently settled down in Jaffna in the circumstances of that case. burden of proving that Saunderan
walamai was not discharged.
Meaning of the term Inhabitant
In 14, New Law Reports at page 9. it was held that a Hindu Tamil be in the Central Province was not gove:
In this connection I would re Wood Renton, C.J., in the case of Veli in 13, New Law Reports at 74. “I th
must be interpreted in the sense in question, had acquired a permar domicile in that province". In th follows :— A Jaffna Tamil went there for about 35 years prior to his land and other properties. In 1891 and allowed the wife and children to periodically. In 1902 he removed till his death, held; that Matrimon governed by the Tesawalamai.
The position of the widow v legal rights under the customary laws to her husband at the date of the competent for the husband to depriv acquiring without her consent, a su the district of Batticaloa. Both und of the Special Provisions of Sectio the rights of the parties have to be de of the husband at the time of the mai of Ordinance 21 of 1844 the law of

n consistently followed in the ere is the well-known case of -nnis J., made the observation customs of a race or a religion ce or religion in the Island; and apply only to Tamils of
particular province”.
uld it be said that a Colombo can be said to be governed by Saunderanayagam Vs. Saundera274 it was held that a person father was a Colombo Chetty was not subject to Tesawalamai
It was further held that the hayagam was subject to Tesa
46 in the case of King Vs. Perumal Drn in India and settled down rned by Tesawalamai.
fer to the statement made by upillai Vs. Sivakamipillai reported ink that the term "inhabitant?” of a person who at the time aent residence in the nature of he same case the facts are as over to Batticaloa and resided - death (in 1907) and acquired i he married a native in Jaffna - live in Jaffna and visited them
to Batticaloa and lived there cial Rights of the parties were
vould depend on her special s of Jaffna which was applicable e marriage. It would not be -e her of those rights, at least by absequent domicile of choice in ler the general law and in view n 6 of Ordinance 21 of 1824 termined by the law of domicile rriage. According to Section 6 f the Matrimonial Domicile

Page 27
and not the lex loci rei sitae is the and powers of the spouse in situated in any part of the col
I would also like to refer to particularly to the statement m. follows :-
“In questions relating of law that the domicile of o proved, but it seems to me inhabitancy, for the purpos custom, the presumption is inhabitancy but of the actua that there is a presumption t. outside the limits local cu depart from local custom”. Please see Dicey on Conflict A person whom that place o (1) in which he in fact resi
(animus manendi) or
(2) in which having so i
reside though no longe
(animus manendi) or (3) with regard to whic
retains the intention though in fact he no loi
Dicey states that in a countr applicable, rules governing the ( mutandis in determining the appli of law to a person.
In determining the domici. is that the person has domicile o domicile of choice. A domicile even after marriage. In 13, N case of Velupillai Vs. Sivakamipillu governed by the law of Teswalɛ he cannot change his domicile 1 The question to be answered is, a what is the permanent home of: Northern Province and if he is Teswalamai.

criterion by which the rights regard to common property ɔny are to be determined.
the case of Spencer Vs. Rajaratnam ade by Ennis J. He stated as
to domicile there is a presumption rigin is retained until a change is that when the question is one of e of the application of a local
not in favour of the original il residence at a particular time ; nat change of residence to a place stom indicates an intention to
of Laws, 3rd Edition, page 84. r countries either— des with the intention of residence
resided he continues actually to er retaining the intent of residence
h, having so resided there, he
of residence (animus manendi) nger resides there. y where several systems of law are domicile could be applied mutatis cability of some particular system
Le of a person the presumption f origin unless he has acquired a once acquired could be changed ew Law Reports at page 74 in the E it was stated that if a person is
mai at the time of his marriage ater to the detriment of his wife. t the time of marriage of a person he husband ? If his home is the a Tamil he is governed by the

Page 28
12
In the case of Velupillai Vs. Siv page 74 it was held that it was ) with the ruling in the Landerdale Scotch Appeal) that every presu original domicile and that no dom acquired without a clear inten In Fernando Vs. Proctor, 12, New held that where a Tamil womar marries a Tamil inhabitant of Jaf. marriage an inhabitant of Jaffna Ordinance 15 of 1876. In Kandia Reports at page 137 there is no presu can say, without proof, that the Tes Tamil who happens to reside in th of such a presumption. The burd contends that a special law has given case to prove the applicability Province of Jaffna :
Tesawalamai applies to the I province of Jaffna. The Dutch a to the Jaffna Peninsula “the parti Patnam were confined to 4 impor and 5 uninhabited islands begi
Welligampattanam to which the situated”. This was from the in India to the Governor of Ceylon, shows that Tesawalamai is applicab Province. In Marisal Vs. Savari re page 9, it was held that the Tesawalan
Mannar District. In Velupillai Vs. nathan Reports, page 114, it was hel to Tamils of Trincomalee and Battica see Laws and Customs of the Tamil, to 69.)
Does Tesawalamai apply to pr
Province :
The Tesawalamai code mak movable property situated in the N property situated outside it. Th heritance Ordinance of Jaffna say either spouse during the subsisten tettam or acquired property. The of intestate succession of persons is In other words if a person goveri

rakamipillai, 13, New Law Reports, right in holding in accordance
Peerage Case (House of Lords mption has to be made in the icile can be taken to have been tion of abandoning the old. Law Reports at page 309 it was
not an inhabitant of Jaffna Tna he does not become by the - by operation of Section 2 of ah Vs. Saraswathy, 54, New Law
mption of law by which a Court -awalamai applies to a particular e Jaffna province in the absence en of proof is on the party who displaced the general law in a y of such special law.
Matrimonial Inheritance to the pplied the term Jaffna Patnam icular jurisdiction of the Jaffna tant provinces and 8 inhabited anning without Chief Province
castle of the water castle is structions from the Council of 1665. The trend in case decisions le to the inhabitants of Northern borted in 1, Supreme Court cases, mai applies to Tamils residing in the - Sittampalam 1827–76, Ramad that Tesawalamai did not apply loa. (In this connection please s of Jaffna by Tambiah, pages 66
operty outside the Northern
es no distinction between imTorthern Province or immovable e Matrimonial Rights and Ins that no property acquired by ace of the marriage is Thediae Ordinance states that the law
governed by the Tesawalamai. ned by Tesawalamai dies in a

Page 29
foreign country leaving immovab intestate succession will be th has to be made between imm Ceylon. If the immovable proj then the law of intestate success
weapply the English Law or Ro
Refer Sections 2, 3 and 4, Chapter 63 of the i 37, NLR, page 253-Chetty Vs. Chet Spencer Vs. Rajaratnam, 36, NLR, pa Velupillai Vs. Sivakamipillai, 13, NI Tharmalingam Chetty Vs. Arunachala Saunderanayagam Vs. Saunderanayag 14, NLR, 946 King Vs. Perumal ; Section 6 of Ord. 21 of 1844 ; Dicey on Conflict of Laws, 3rd Ed. p. Fernando Vs. Proctor, 12, NLR, 309 Kandiah Vs. Saraswathy, 54, NLR,
Marisal Vs. Savari, 1, S.C. Velupillai Vs.. Sittampalam 1827–7
Laws and Customs of Tamils of Jaj

le property in Ceylon the law of e Tesawalamai. A distinction ovable property in and outside perty is situated outside Ceylon ion will be the lex situs whether
man-Dutch Law.
rences
Legislative Enactment;
ge 321 ; CR, page 74 ; Em Chettiar, 45, NLR, 414 ; am, 20, NLR, 274 ;
age 84 ;
137 ;
Cases, page 9 ; "6, Ramanathan Reports, page 114,
fna, Tambiah.

Page 30
CHAPT
SLAVERY AND
Slavery among the Tamils. The Rights and Duties of the Masters The Origin of Caste System. Caste in Jaffna.
It is felt that for a proper und and the Law applicable to the should know the background and
Before I deal with the incid compare slavery under Roman La Under the Jus Gentium of the Ron ment was similar to slavery unde by birth or by purchase. (In this Buckland Text Book of Roman-I and Wills and Olivers, Roman La
COMPA
Roman Law
1. A person captured in War be- I
came a slave.
2. A slave is treated as "Res" 2
till his condition was ameliorated by Imperial Legislation.
3. A child of a female slave 3
under certain circumstances became the property of the
master.

ER III
CASTE SYSTEM
erstanding of the legal institutions Tamils in its proper setting one structure of the Tamil Society.
Hents of Slavery I would like to
w to Slavery under Tesawalamai. nan Law the methods of enslaveer Tesawalamai which originated s connection I would refer you to Dutch Law 26, pages 67 and 68
w, 4th Edition, pages 39 and 40).
RISON
Tesawalamai
Captured in War was recognised method of enslavement by the King.
. The masters had the right to
the slave's services and the slave was regarded as the
Master's property.
. The child of a female slave
became the property of the master. If the father of the child was owned by a different master he could appropriate to himself a male child if there were several children by the union.

Page 31
4. The slave was allowed to en
joy his "peculium” but the
master could resume possession of the slave’s “peculium'' at his will and pleasure.
5. The master who emancipated
his slave had the right of succession under the Roman
Law to the freed man's estate . if the latter died without
children.
6. Emancipation recognised.
SLAVERY AMONG
Dr. F. A. Hayley in his Book page 135 states "any person of slave. And the low-caste man i not as a rule of a higher-caste that
You would thus see that differed among the Sinhalese and
SLAVERY AMON
SLA
DIVIDED IN
KoyIYARS
CHANDARS
Origin of Koviyar.--(1) means servants of the Temple.
(2) Derived from words “Ko (3) Koviyars are “Goiyas” f.
Tesawalamai code refer t follows:
"It would be a matter the two former castes were supposed that some of then

4. Where the master allowed the
slave to possess the properties the slave took the produce from such property but the
master could resume posses
sion in certain contingencies. 5. The master had similar right.
6. Emancipation recognised.
! THE SINHALESE
—Sinhalese Laws and Customs at whatever caste might become a night himself have slaves, though n himself’.
the institution of slavery widely a the Tamils.
AG THE TAMILS
VES
TO 4 CASTES
PALLAS
NALLAVARS
Corruption of “Koyilar” which
--Idayar” “cowherds”.
armers.
o Koviyars and Chandars as
of great difficulty to find out that slaves from their origin ; as it is a were sold in ancient times by

Page 32
16
their parents or friends to ot tained especially with respect part of whom are slaves at pi
Chandars.--Referring to tl Code says: "The slaves of the s are but few in number and those were not registered in the thomb denomination of Koviyars so tha are free and perform Governmer as the Vellalas, and these Chanda (service) or Government service, besides which they are obliged t Government in the stables of th with the Pallas and Nallavas, ar pallakkus (palanquins) and the Servants of rank.”
Nallavars.—Similar to Palm
The Tesawalamai Code sa Nallavars were slaves unless th had emancipated them.
Pallas.--Are menials to Ve their origin.
RIGHTS OF
(1) Right to exact services.
(2) Right to control the marr.
(3) Right of appropriating o
slave belong to the Maste
(4) Right over the slaves’ pro
If the Master wished to sell appropriate to himself the whol possession of the same, but if the m the slave who was sold to possess in that event have any claim to su
Right of inheritance to the proj
When a slave died without a if the deceased's brothers and sis

hers. This supposition is enterto the Koviyar caste, the greater esent".
he Chandars, the Tesawalamai second caste, viz., the Chandars, E of this caste as were in slavery dos as Chandars, but under the at the remaining part of them nt services in the same manner ars perform their ordinary uliyas
during one day in every month, to provide the elephants of the Le Province with food, together ad also to assist in carrying the paggage of the Company’s Civil
yrah tree climbers.
ys that from their origin the e masters through compassion
Ellalas. They were slaves from
E MASTER
iage of Slaves.
children. (The child of female
perties.
the slave he had the right to ce of the property and obtain Laster through negligence allowed the properties, the seller cannot ch property.
perty of a Slave :
any issue the deceased's master, ters be slaves of other persons,

Page 33
could appropriate to himself suc brought by the deceased on the half the property acquired during Right to exact yearly Contrit
The master could exact a (a Dutch coin equivalent to 6 ce
DUTY O
(1) Duty of maintenance. (2) Duty to defray certain
ORIGIN O
(1) By Birth ;
(2) By Purchase ;
(3) By other modes of acqu 1. By Birth. The childı
Master.
2. Purchase.--A slave gift or other mode of acquisition.
3. Recall into slavery.- brought to slavery again.
Termination of Slavery :
(1) By non-registration (du
(2) By operation of law.
It was enacted that a fen Regulation No. 8 of 1821. regulation all female slaves were
(3) Emancipation.
SLAVERY DURIN
When Ceylon became a B: taken to abolish Slavery. The

h inheritance and dowries as were
occasion of his marriage and also g the deceased's marriage.
putions :
yearly contribution of 4 fanams nts).
F MASTER
expenses.
OF SLAVERY
uisition. een of female slave belong to the
could be acquired by purchase
-A freed person insolent could be
aring British period).
nale slave should become free by
Hence, after the passing of the e freed.
G BRITISH PERIOD
ritish Colony steps were gradually Proclamation dated 15th January,

Page 34
1799 stated "that such persons existing laws of the land on the shall continue to be the private belong; and may be transferr resident in the Island according Government, but are not to be d the penalty of 500 Rix Dollars, to the informer and the other half
In 1806, the British Govern sions :-
“All questions that re which subsist in the said Pi particularly the Koviyars, Na shall be decided according t
· of the Province".
By Regulation 8 of 1821 ar and free the slave children of t} caste. It was enacted by this re who shall be born of a female s Pallar caste on or after the 24th A
Colebroke in his report publi
"Slaves in the Malab: 1806, and in 1818 provisi joint ownership in slaves, anc their freedom by purchas abolished, a Regulation wa cipation of all female slave birth and freeing them : tr their owners two or three R of the mother. The numb registered as free by the si Prince Regent in 1816 is ! children. The number of f been purchased by Govern was 2,211 ; and the numb their freedom under the Reş or public works or otherwise 171, and children 133”.
By Regulation No. 20 of 184
Though slavery was abolis slaves of their masters owing to ecc

8
as were considered slaves by the first day of the present January, property of those to whom they ed from one person to another :o the rules prescribed by the late isposed of out of the Island under one-half of which is to be paid to the slave”.
iment made the following Provi
late to those rights and privileges 'ovince between the higher-castes, illavars and Pallas, and the others, o the customs and ancient usages
i attempt was made to purchase ne Koviyar, Nallavar and Pallar gulation that all female children lave of the Koviyar, Nallavar or April shall be free.
shed in 1831 states :-
ar Districts were first registered in on was made for annulling all
for enabling all slaves to redeem se. Before slavery was finally s passed in 1821 for the emanchildren by purchasing them at e Government engaging to pay ix Dollars according to the caste per of children who have been ubscribers to the address to the 96, i.e. 50 male and 46 female emale children who in 1829 had
ment under Regulation of 1821 er of slaves who had purchased gulation of 1818 either by labour - was 504, i.e. males 200, females
4 Slavery was abolished.
hed depressed classes remained onomic conditions.

Page 35
19
In Queen Vs. Ambalavanar, a n his wife according to certain cer of a different caste thought were o neighbours assembled together so a They were convicted of the char they appealed. The late Sir Po tended in appeal that the accused they did, in view of Section 8 of was not brought to the notice of had been repealed by Regulatio Burnside, C.J., assuming that the force, said: "In the present, it does this mean ? Does it really country one of Her Majesty’s sul honouring the dead in a particu persons or body of people said the doing so ? But suppose it is con the Supreme Court should be m to prevent a woman from being ca of tom-tom, does it follow that a b selves together, and by show of foro subjects of the Queen enforce their the party who favoured the tom-to with diffidence in the face of the I trust that none of the ancient rig of Jaffna Patnam will be jeopardi tention and the venerable authorit bold to hold that the Malabar inha Patnam, whoever they may be, mu universal proposition of law appli the people cannot take the law int administer it after the fashion of J
CASTE SYSTEM
VELLA
(Landed gentry of
ADUMAIS (Slaves)
Mr. Stanley Rice in the "Asia caste system was pre-Aryan in.orig
No one can postulate a univer of caste.

nan of one caste wished to bury remonies which the neighbours only applicable to them. These is to form an unlawful assembly. 'ges of unlawful assembly, and nnambalam Ramanathan conhad the right to act in the way Regulation No. 18 of 1806. It the Court that this Regulation on 20 of 1844. His Lordship Regulation of 1806 was still in might be sufficient to ask what
mean that by the laws of this pjects could be prevented from ilar way ; because some other :y had the exclusive privilege of ceded that is the law, and that 1oved for a writ of injunction irried to the grave to the sound ody of men may assemble themce and to the terror of the other
own edict to that effect against im. I apprehend not. I say it e learned Counsel's contention. ghts of the Malabar inhabitants sed. Notwithstanding the cony on which it is based, I make, bitants of the Province of Jaffna ast one and all be subject to the cable to the whole colony, that to their own hands, and seek to udge Lynch’”.
IN JAFFNA
ALAS
Jaffna)
KUDIMAKKAL (those who performed customary
services)
atic Review” in 1929 stated "the
gin”.
rsal theory regarding the origin

Page 36
CASTE
I will briefly mention (1) Brahmins, (2)' Vellalas, (3 (5) Chiviars, (6) Potters, (7) Was
—Tachtar and Kannar, (10) Kov (13) Pallars, (14) Parayas, (1.
For a discussion of the ci Civilisation of Ancient Vellala,
The Madapallis were imn
The Chiviars are palanqu
The Potters are manufact
The Washerman were cal.
The Barber were called
The Tanakaras were anc:
Refere
Oy one w
I.
The Works of Simon Casie C 2. The Laws and Customs of the 1
pages 75 to 97. Wills and Olivers—Roman Buckland--Roman Law, 2nd Sinhalese Laws and Customs b Regulation of 1821.
Queen Vs. Ambalavanar-1 8. Tesawalamai Code, Chapter 5.

IN JAFFNA
the various castes in Jaffna. B) Madapallis, (4) Fisher Caste, hermen, (8) Barbers, (9) Kamallars Fias, (11) Tanakaras, (12) Nallavars. 5) Turumbas.
vilisation of the Vellalas see "the s” by Swami Vedachalam.
nigrants and colonists.
ain bearers.
turers of earthenware.
led Vannaan.
Ambadan. ient elephant keepers.
nces
Ehitty, 1934 Edition. Tamils of Jaffna by H. W. Tambiah—
Law, 4th Edition. Edition, pages 67 and 68. y Dr. F. A. Hayley.
S.C.R. 271.

Page 37
CHAPTE
MARR
Essentials of a valid marriage.
Marriage by habit and repute. Consequences of Marriage. Proprietary relations under the old. Tes Rights of Spouses governed by the I
heritance Ordinance. Contractual Rights and Liabilities. Status in a Court of Law.
Marriage may be defined as by which the legal relationship of I Van der Linden defines marriage for the purpose of having and re continue united as one person fo good and bad fortune". (For fi Laws of Ceylon by K. Balasinghar
In this chapter I would con peculiar to the Law of Tesawala Law governing marriage is the g Dutch Law). Those who profess by customary law in some of the governed under Tesawalamai a: provisions like the Matrimonial Ri Chap. 58. There are special prot Rights and Inheritance Ordinance It has to be remembered that these
When the Law is silent, recourse Dutch Law.
THE ESSENTIALS OF
The requisites of a valid me parties should be competent to C parties should not by reason of } from marrying one another, (3) the nature of the contract shou another, (4) that certain forms an

'R IV
LAGE
awalamai. affna Matrimonial Rights and In
“an act, ceremony, or process husband and wife is constituted". as the union of man and woman earing children and who are to r the rest of their lives through urther reference, please see the n, Volume II, pages 392-395).
fine myself to certain incidents amai governing marriage. The eneral law of the land (Roman the Hindu religion are governed essentials of marriage. Persons ce subject to special statutory ghts and Inheritance Ordinance, Fisions in the Jaffna Matrimonial e and Ordinance No. 57 of 1947. provisions are not comprehensive. has to be made to the Roman
VALID MARRIAGE
rriage are (1) that each of the ontract a marriage, (2) that the indred or affinity be prohibited that the parties understanding d freely consent to marry one a ceremonies should be observed.

Page 38
2
Consent of Parties : Co for a valid marriage. A marria influence of fraud, force, or fear is
* Consent of Parents : THE Chapter 66 of the Ceylon Legisl marriage at 21 for all persons. contained in this Ordinance shoul majority at an earlier period by Roman-Dutch Law if a person y attained majority. The Age of to those governed under Tesa majority on a person governed Registration Ordinance, Chapter by Tesawalamai. If one of the the consent of the father is necess dead or under any legal disabili and unable to make known his must be obtained. If both the under any incapacity, the guardia the consent, otherwise the Distric the parties reside, can grant the
made to it (Section 21).
In Selvaratnam Vs. Ananda Vel: 487, in this case the question wa of a minor who was governed by consent of the father had not be Hindu marriage contracted wit usually performed at such marria stated "a customary marriage rites, of a minor governed by the the consent of the father’’.
If the consent of the parent the Court may order and direct to the offending spouse as a re perfected and secured in favour o
In Thiagaraja Vs. Kurukal r page 89, it was held that a Brah II years and 1 month old accordir The spouses cohabited after the lived for some years as husband a by their relations and friends, hel Subsequent cohabitation did not

nsent of the spouse is essential ge which takes place under the ; voidable.
he Age of Majority Ordinance, ative Enactment fixed the age of Section III enacts that nothing d prevent a person from attaining I operation of Law. Under the was married previously he or she
Majority Ordinance is applicable Lwalamai and marriage confers by Tesawalamai. The Marriage 112, applies to persons governed parties to a marriage is a minor ary (Section 21). If the father is ty or in parts beyond the Island
Will, the consent of the mother father and mother are dead, or n appointed by the father can give t Court, within whose jurisdiction consent on a proper application
ai, reported in 42, New Law Reports as whether a customary marriage
Tesawalamai was valid when the een obtained. Held a customary
hout the rights and ceremonies ages is not valid. De Kretser, J.,
contracted according to Hindu Tesawalamai is not valid without
was not obtained on application, E that all estate interest accruing sult of such marriage should be f the innocent party.
eported in 25, New Law Reports,
min married a girl when she was ng to Hindu customary ceremonies. female had attained puberty and nd wife, and were received as such d that the marriage was not valid. render the marriage valid ab initio.

Page 39
23
The recognition of customar only of the custom as to the mode else. The Marriage Ordinance m to all marriages in regard to all contains express provisions. The as to the prohibited age of marriage of relationship (Section 17), incest (Sec dissolution of marriage (Section 20) marriage of a minor (Section 23), a however solemnized.
In Ratnamma Vs. Rasiah reporte 475, it was stated "The tying of a of a Hindu customary marriage. symbolic thali is used provided it is i
Where parties after going throu live together as husband and wife, habit and repute arises.
The want of consent of the fatl Hindu customary marriage does where the union has been consumma
PARTIES MUST NOT
PROHIBITED
All marriages between ascen prohibited and all persons related u cross-cousins, were prohibited from and nieces could not marry. Tw sisters’ children could not marry. prohibited degree, the marriage is addition the spouses may be punish
Parties must be of marriage a female could marry was fixed at could marry was fixed at 14. S altered to 12 and 16.
Spouses must not be marr: says: "Pagans consider as their la
whose neck they have bound the ceremonies ; and should they have them as concubines. If the wives, or four in number, should all and

y marriages is a recognition
of solemnization and nothing ust be regarded as applicable other matters about which it provisions of the Ordinance (Section 16), prohibited degrees tion 18), re-marriage (Section 19), , suits (Section 22), consent to ire applicable to all marriages
:d in 48, New Law Reports, page thali is essential for the validity It is sufficient, however, if a ntended to serve as a thali.
igh a valid customary marriage a presumption of marriage by
ner of a minor who contracts a not invalidate the marriage
uted.
MARRY WITHIN DEGREES
dants and descendants were within the fourth degree, except
marrying each other. Uncles o brothers’ children and two If a person married within the declared null and void and in ed for incest.
eable age : The age at which 10. The age at which a male Subsequently these ages were
ied : The Tesawalamai Code awful wife or wives those around e thali with the usual pagan
more women, they considered although they should be three each of them have a child or

Page 40
children, such children inherit, property ; but the child or ch inherit anything".
THE NECESSARY CEREMO
Marriages performed acco recognised under the British re refer Chap. 27 of the Law of singham. As to what particu contracting a valid marriage n One has to look into the cu community.
ESSENTIALS OF A VALI.
IS A QUEST
Where a ceremony has bec person who denies such a mari detail in the ceremony has i certain ceremonies which are i customary marriage.
MARRIAGE BY H
The presumption in favour has been held to apply among this connection I would refer to
Reports, page 322, Sastry Valaidai “According to the Roman-Dutc umption in favour of marriage :
According to the Law of C and woman are proved to hav the law will presume, unless th they were living together in • and not in a state of concubina;
Where it is proved that t marriage and thereby shown i that those who claimed by virti to prove that all necessary ceren
For a valid customary mari plated by the General Marriage

24
share and share alike the father's ildren by the concubines do not
NIES MUST BE PERFORMED
rding to Hindu rites have been :gime. In this connection, please Persons, Volume II, by K. Balailar ceremonies are essential for o rule of Law can be laid down. stomary usages of the particular
D CUSTOMARY MARRIAGE ION OF FACT
en proved, it is incumbent on the riage to prove that some essential not been performed. There are regarded as essential for a Hindu
TABIT AND REPUTE
- of marriage by habit and repute Tamils by the Privy Council. In a case reported in Vol. 2, New Law
Aronogary Vs. Sembecutty Vaigalie: ch Law of Ceylon there is a prerather than of concubinage.
eylon, as in England, where a man e lived together as man and wife, e contrary be clearly proved, that consequence of a valid marriage,
ze.
-hey had gone through a form of an intention to be married, held, ue of the marriage were not bound nonies had been performed”.
riage no notice of marriage contem
Ordinance need be given.

Page 41
25
CONSEQUENCES
Once a valid marriage has be legal consequences which flow fror is under a legal obligation to suppo having separate property neglec husband, the Magistrate within resides may make and enforce an tenance of her husband out of su to Section 26 of the Married Wom provision, however, has no applica Province who are, or may becon Section 3, Sub-Section 2 of th Ordinance).
RIGHTS OF SPOUSES GOV MATRIMONIAL RIGHTS & I
The Matrimonial Rights and applies to all Tamils governed (Section 2, Chap. 58).
Section 6 states "any mova which any woman married afte Ordinance may be entitled at the by way of Thediatettam, may beco shall, subject and without prejudi settlement affecting the same, belor estate, and shall not be liable for husband, unless incurred for ano upkeep, repairs, management, or or for or in regard to any charges respect thereof, and her receipts a authorised agent shall be a good and profits arising from or in rest
In Vijayaratnam Vs. Rajadurai Page 145: Sale of immovable pr governed by Tesawalamai, withoi
A married woman governed femma sele; she is subject to the The right of the husband to giv or mortgage of his wife's separa incidence of his marital power.
The Plaintiff and the 3rd D who are governed by Tesawalam

OF MARRIAGE
en contracted, there are certain 1 the new status. The husband rt his wife. If a married woman ts or refuses to maintain her whose jurisdiction such woman order against her for the mainch property. This is according en’s Property Ordinance. This ution to Tamils of the Northern he subject to Tesawalamai (see e Married Women's Property
ERNED BY THE JAFFNA NHERITANCE ORDINANCE
Inheritance Ordinance, Jaffna, by the Law of Tesawalamai.
ble or immovable property to r the commencement of this time of her marriage, or except
me entitled during her marriage, ice, to the trusts of any will or ng to the woman for her separate the debts or engagements of her a in respect of the cultivation, improvement of such property B, rates or taxes must by law in Llone or the receipts of her duly - discharge for the rents, issues pect of such property”.
reported, in 69 New Law Reports, -operty by (Tesawalamai) wife
ut husband's consent.
by the Tesawalamai is not a
marital power of her husband. e his consent to the alienation ate immovable property is an
efendant are husband and wife ai and were married after 1911

Page 42
and before 1947. The 3rd Def since 1951 obtained permissic to sell, without the husbar property which belonged to he her to sell the property at a ] lacham she sold certain lots a and 2nd defendants. In the that the sale should therefor and void.
It was held that inasmuc in accordance with the terms action No. 326, the husband this action.
Under the Ordinance, a Thediatettam, belongs to her Reports at page 79 in Marie Ca husband was present at the ex wife and by his subsequent cond sued as administrator of her e that the Bond was invalid as i consent. A Divisional Court
In Valliamma Vs. Lowe ratification by the husband re was no written consent of the
bond was entered into, was mortgage of immovable prope consent of the husband cannot ratification of the husband. bond valid as a money bond. J., agreed followed the view es
Marie Cangany Vs. Karuppasa loan transaction was govern subsequent ratification makes it may not be effectual as a hy apply mutatis mutandis to pers Rights and Inheritance Ord
CONTRACTUAL RI
Tamils to whom the Tes: the Roman-Dutch Law on thi statutory modification brought Rights and Inheritance Ord legally valid in the following

26
endant who was living in separation on from Court in action No. 326, ad’s consent, certain immovable er. Although the Court authorised price not less than Rs. 2,500/- per ut Rs. 500/- per lacham to the Ist present action the plaintiff claimed -e be set aside and declared null
h as the sale by the wife was not of the sanction given by Court in had sufficient status to maintain
il property the wife gets, except exclusively. In Vol. 10, New Law ngany Vs. Karuppasamy Cangany, the ecution of a Marriage Bond by his luct recognised its validity. He was -state on the Bond and he pleaded it was executed without his written
upheld this plea.
the question whether subsequent endered a bond valid, where there husband obtained at the time the
considered. It was held that the rty by a, wife without the written t be regularised by the subsequent
But the ratification renders the Garvin, J., with whom de Sampayo, xpressed by Wood Renton, J., In
my, Garvin, J., said: "As the ned by the Roman-Dutch Law the loan transaction valid, though -pothecary bond". These decisions ons governed by the Matrimonial inance (Jaffna).
GHTS AND LIABILITIES
awalamai applies are governed by s matter subject, of course, to any
about by the Jaffna Matrimonial inance. The wife's contracts are
cases:

Page 43
2
(1) Husband and wife
contract though mad it is solely to her !
(2) Husband and wife are
(3) If the wife was a pul
and her husband if respect of the trade.
(4) The wife may bind he
incidental to the h as the agent of her hu be liable if there is and if he notified pu for her debts.
(5) If the husband has d
in her own name a
(6) By an anti-nuptial co
contractual freedom.
(With regard to this matte Customs of the Tamils of Jaffna
LIABILITY Under the law of Tesaw is that the separate property of . of that spouse. The Matrimon nance and its Amendment No. 58 tettam is only liable for debts con tettam is said to be the joint f case of spouses governed by liabilities of one spouse, only his tettam is liable.
STATUS IN A (
Under the law of Tesawa wife cannot be sued alone withou
Refe
1. The Laws and Customs of the T.
Chapter 7.

ire rendered liable by the wife's ! without the husband's consent if venefit.
liable to the extent of enrichment.
olic trader she chould bind herself
the contract is entered into in (Menikularatne Vs. Wickremanayake).
rself and her husband by contracts ousehold as she was considered sband. But the husband will not
a judicial decree of separation Iblicly that he will not be liable
eserted his wife she may contract ind bind herself.
ontract a woman may retain her
er, please refer to the Laws and by Dr. Tambiah, pages 124-128).
IN DELICT
-alamai the governing principle each spouse is liable for the debts ial Rights and Inheritance Ordi3 of 47 makes it clear that Thediatracted by either spouse. Thediaproperty of both spouses. In the the Ordinance for the delictual s or her half share of the Thedia
COURT OF LAW
lamai it has been held that the et the husband being joined.
rences
amils of Jaffna by Dr. H.W. Tambiah,

Page 44
2
2. Chapter 48, Ceylon Legislative En
3.
Walter Pereira, page 215.
4. 25, New Law Reports, page 89
48, New Law Reports, page 47 5. Balasingham’s Laws of Ceylon, 1
6. 50, New Law Reports, page 135
2, New Law Reports, page 322 New Law Reports, page 348;
New Law Reports, page 273 ; 7. 1860—Ramanathan Reports. 94.
8. 69, New Law Reports, page 145

actments Ordinance 1 of 1911.
. 42, New Law Reports, page 487, 5, 14, New Law Reports, page 496.
Polume 2, Chapter 11.
; 14, New Law Reports, page 496 ; - 18, New Law Reports, page 435; 3, 10, New Law Reports, page 79; 36,
-Vijayaratnam Vs. Rajadurai.

Page 45
CHAP
GUARDIANSHIP
Guardionship under the Common Lar Parental Power. Adoption. Cer emonies of Adoption. Consequences of a valid adoption.
Rights and Obligations of Children.
In Roman Law there were
(1) Tutores Testamentarii
Paterfamilias by a W: (2) Tutores Legitimi (nea
operated in the absen
(3) Tutores Dativi (Guardi
Under the Roman-Dutch I mentary or (2) Appointed.
In Ceylon, guardian contro charge of his property.
The father is the natural gu he contracts a second marriage i
Guardianship under 1 walamai Code states : “If the time, the mother-in-law or nea child or children (if they be still : and in such a case the father is
with the child or children the into the marriage by his decea; acquired during his first marr grown up and able to marry, tł there be) the father must go to with whom the children are, in

TER V
AND ADOPTION
hree kinds of guardians :
(Guardians appointed by the ill).
rest agnates of the minor, who ce of a testamentary tutor).
ians appointed by Court).
Law all guardians were (1) Testa
Is the person, and a curator is in
ardian of the minor child whether Dr not.
che Tesawalamai.–The Tesafather wishes to marry a second rest relations generally takes the Joung) in order to bring them up ; obliged to give at the same time
whole of the property brought ed wife and half of the property iage. Where these children are at is to say, the daughters (if any the grandfather or grandmother order to marry them and to give

Page 46
30 them a dowry both from the decea and from the acquired property, w given to the relations with the child property”.
From the above section, it co re-marries, generally the grandmot custody of the children and is in fa
In the case of Kanapathipillai Reports, page 484 it was held that (quoted above) is not obsolete. to have regard to the best intere excluded, but the Courts should principle laid down in the passage reason for doing so.
In Theivanapillai Vs. Ponniah r page 437, it was held that the Tes mother or other relation of a child Section I of the Tesawalamai, ta
marriage of the father, as a suitabl be allowed to keep the child as aga happens to be a person unfit to be e case, the father would be liable
maintenance of the child while it grandmother or other relation.
In Annapillai Vs. Saravanamutt In Tesawalamai a maternal g right to the custody of her g contracts a second marriage, wher years and the father is willing father is not fit to be entrusted w he would be liable for their mainte
In Ambalavanar Vs. Ponnamma, it was held the father of a child entitled to its custody on the death
In the absence of express pre would apply. The father would custody of his child. Custody guardianship of the child. Chap property to the surviving spouse an its guardian also. Justice De Kre

ased's mother's marriage portion shich, as before stated, had been dren and from his own hereditary
uld be stated that when a father Eher or nearest relations have the -ct the guardian.
E Vs. Sivakolunthu, 14, New Law the passage of the Tesawalamai
The discretion of the Courts ests of the child is not entirely I not depart from the general e cited without some substantial
eported in 17, New Law Reports, sawalamai recognises the grand, who, in terms of paragraph 11, kes over the child on a second le guardian. She may therefore ainst the father, in case the latter ntrusted with the child. In that to make full provision for the t remains in the custody of the
Fu, 40, New Law Reports, page 1, grandmother has no absolute randchildren when the father re the children are not of tender to maintain them. Where the -ith the custody of the children, enance.
- 42, New Law Reports, page 289, - subject to the Tesawalamai is
of the mother.
ovision, the Roman-Dutch Law - have paramount right to the
of property also decided the ter 58 gives the custody of the ad the surviving spouse should be etser in the case of Ambalavanar

Page 47
Vs. Ponnamma states : “The sche have had in mind was somewhat
(1) The father remair not marry again. That is a (2) If he marries again he fo at once arise-Who takes p a question which has prac children are young. The that presents no difficulty. relation generally takes the goes their property". With alone he sets out to deal wi rights of the surviving spou is not entitled to the custody o relations are so entitled but children. That happens ge rights. It happens generallconfined to the maternal :
may take the children. So C ship that he deals only wit! young and only with a situat is no reference to the guardi no near relative nor to the c willing to take them. He is rights to possession of the pr of there being no one to ta dealt with if and when it ari
The paragraph would indic very commonly was made, but it more. It was bound up with the maintenance of the child. Both Chapter 58. In my opinion pa has been repealed and the pas of the children has not escaped re
PARENT A
Parental power is acquired :-
(1) By the birth of a child i
(2) By the subsequent mai
(3) By adoption.

eme which the compiler seems to t as follows:—
as in possession so long as he does statement of his customary right. rfeits the usufruct. The question Fossession of the property ? It is tical importance only when the compiler in effect says--"Well, , the mother-in-law or nearest
children, and with the children a respect to the property, which th, he uses language showing the -se. He does not say the father of the children or that the maternal
he says they generally have the nerally: there is no question of y and not invariably. It is not relations but any near relative asual is the reference to guardianh the case of the children being ion that is often met with. There Tianship of the children if there is ase of there being one who is not
content to deal with the father's operty and to leave the rare case ke charge of the property to be ses.
ate a family arrangement which
was an arrangement and nothing possession of the property and the
matters have been dealt with in -ragraph II of the Tesawalamai -sing remark about the custody epeal.
ND CHILD
n lawful wedlock.
rriage of parents.

Page 48
ADOP" The law of adoption state of Dravidian origin.
Ceremonies of Adoption.- “If a man or woman takes anoth both of them or one of them be their heir, they must first ask th sisters, if there be any—if not, tł otherwise would succeed to the i thereto, saffron water must be gi who wishes to institute such child of the said brothers and sisters (if nearest relations who otherwise v and if they consent then saffron w or to the person who wishes to : drink in the presence of the brothe and also in the presence of the sisters or nearest relations and also previously dipped their fingers in Although there be other witnesses barbers and washermen to be pre:
During the Dutch regime a re
Persons who could be ad states: "It is the children of the adopted. If the brothers and sis then a person may adopt a strar the adoptive parents are not at
without the consent of their brot claim themselves to be witnesses brothers and sisters, a person may such a case the consent of the Ma
Thesawalamai recognised tw
(1) Full adoption.
(2) Partial adoption.
In the case of full adoption, 1 saffron water. In the case of p
drank saffron water.

TION
d in the Tesawalamai Code is
-The Tesawalamai Code states : er person's child to bring up, and eing inclined to make such child ne consent of their brothers and hat of their nearest relations who inheritance ; and if they consent
ven to the woman or the person 1 as heir, to drink in the presence 1 there be any—if not, that of their Nould succeed to the inheritance ater must be given to the woman, institute such child their heir to rs and sisters) or nearest relations, witnesses, after the brothers and - the parent of the child shall have - the water as a mark of consent. , it is nevertheless the duty of the sent on such occasions”.
egistry of adoptions was kept.
opted. The Tesawalamai Code brothers and sisters who should be ters refuse to give their children, nger's child. But in such a case e liberty to drink saffron water thers and sisters or of those who .” In spite of opposition by the adopt a stranger's child. But in gistrate had to be obtained.
o kinds of adoption :-
both the adoptive parents drank -artial adoption, only the father

Page 49
CONSEQUENCES OF Under this category, one has (1) Right of succession.
(2) Change of caste.
As regards the right of suc says : “When the adoptive pa water, the adopted child takes t all that they have when they di have a child or children of thei inherits together with the lawful child loses all claims to the inher he is no longer considered to beloi
If the adopting father alone child succeeds to the inheritance if the adopting mother has so d child inherits also from his or her o of full adoption, the adopted chile old family and lost all claims to t} family. In the case of partial ad to be a member of the old fan
members of the old family.
Where the adopted person or children all that he or she mig person or persons from whom it ca
The Tesawalamai Code sa adopted two children, a boy an one another by blood, so that t both husband and wife drank saffr stated, and if both the adopted c. they arrive at the age of maturit one of them dies without leavin survivor inherits the whole on binds them as brother and sister in the same manner if husband a boy, have a daughter of their o
marry the daughter, provided the than brothers’ and sisters’ child another as before mentioned.”
If after the adoption a man a own, then the lawful child inherit;

33 A VALID ADOPTION
to consider the following :-
=cession, the Tesawalamai Code rents have both drunk saffron he place of a child and inherits ed. If, after the adoption they r own, then such adopted child
child or children. An adopted itance of his own parents so that ng to that family.
e drinks saffron water, then the
of his or her own mother, and runk saffron water then such a -wn father. Thus, if it is a case d ceased to be a member of the he inheritance to members of the pption, the child does not cease nily and can inherit from the
died without leaving a child ht have inherited returned to the ime, or to their heir”.
ys: "If a husband and wife 1 a girl who are not related to hey can marry together, and if on water in the manner as above hildren married each other after y, and at the expiration of time g a child or children, then the account of the adoption which and not in the blood. It goes nd wife, after having adopted a wn. Such a boy is allowed to i are not nearer related by blood 'en, and they inherit from one
.nd woman have a child of their i together with the adopted child.

Page 50
34 If a husband and wife adoj related and if they married and if a child, then the survivor inheri adoption which binds them as br
blood.
If a husband and wife after daughter of their own, such a bo daughter.
WHERE ONE OF THREE BR
If there are three brothers, . and the other two have none, and
motives of affection, to adopt one of other brother who has also no chil brothers may carry their design third brother the action which h heritance. On the death of such a is divided between the adopted brother, share and share alike. who has no children wishes to gi child who has remained with the fa whether the adopted child can pr now is that on account of the right v and heir of his uncle) being lost the giver to do with his property
lives.
CHANGE O
If a man adopts in the man higher or lower caste than his ov his property, but immediately goe caste, whether it be higher or lower adopts a child, such child cannot g in the caste of his own father, an property after death.
If a man adopts a girl of ano stated, she (it is true) goes over father, but not her children or d and has a child or children, they fe slaves, in which case it has anoth follows the womb.

pted two children who are not one of them dies without leaving ts the whole on account of the others and sisters and not in the
having adopted a boy have a py is allowed to marry with the
OTHERS ADOPTS A CHILD
one of whom has two children if one of these wishes, from pure fhis brother's children, which the dren wishes to approve, the two into execution, leaving to the se pretends to have on the inadopting brother all his property
child and the non-consenting If the non-consenting brother, ive some of his property to the ather unadopted, the question is, event it ? The general opinion vhich he had hitherto (as nephew by the adoption, he must allow
what he pleases as long as he
OF CASTE
aner above stated a youth of a yn, such child not only inherits es over into his adopted father's r than his own. But if a woman o over into her caste, but remains d will only inherit the woman's
other caste in the manner above
into the caste of her adopted lescendants : for if she marries, bllow their father, except among er tendency, for there the fruit

Page 51
RIGHTS AND OBLIGA
Lee on Roman-Dutch Lan states that the rights of parents al
1. The right to the contr
2. The right to provide :
3. The right to consent to
4. The right to administe
5. Rights in the minor's
6. The right to be suppo
The above are the rights of Law.
Under the Old Law of Tes duty, the son must pay the debts
Right to give consent.—T obtained if he is alive. If parents is necessary.
Right to administer the Under the Jaffna Matrimonial R it is stated that when the estate o
minor child, the surviving pare same and enjoy the income the or attains majority.
Rights in Minor's proper
Rights of Maintenance.-- their aged parents. The right The father must support the child
Right that Son should peculiar to the law of Tesawala Law. In the view of the Hindi obligation but a sin, the consequ into the next world. There ar that the son should pay his fat classified by jurists in the followir

-5
TIONS OF CHILDREN
, 4th Edition, pages 36 and 43, -e as follows :-
ol and custody of the child.
a testamentary guardian.
- the marriage of minor children.
r the property of the minor.
property.
rted in times of illness.
parents under the Roman-Dutch
sawalamai, there is an additional
of the father.
The consent of the father must be i are dead, consent of the guardian
property of the children.-- Lights and Inheritance Ordinance f a deceased parent devolves on a nt may continue to possess the reof until such child is married
ty.—
it is the duty of the sons to support : of maintenance is reciprocal. till the child is 18 years old.
pay Father's debt.—This is mai and is derived from Hindu 1 jurists a debt is not merely an ences of which follow the debtor e exceptions to the general rule ner's debts. The exceptions are
g way :-

Page 52
36 1. Debts due for spirituous
2. Debts due for lustful ple
3. Debts due for losses at p
4. Unpaid fines.
5. Unpaid tolls.
6. Debts for anything idly p
7. Suretyship debts. 8. Commercial debts.
6. Debts that are not.
Referer 1. The Law and Customs of the Tamils e
Chapters 8 and 9.
2. 14, New Law Reports, page 437,
42, New Law Reports, page 2 Chellappah Vs. Arumugam, 18, 22, New Law Reports, page 151 17, New Law Reports, page 437.
3. Chapter 50, Ceylon Legislative Ene
Ceylon, page 185, Roman-Dutch 30 to 43.

Liquors.
Isures.
ay.
romised.
nces
of Jaffna by Dr. H. W. Tambiah
| 40, New Law Reports, page 1, -89, 1905, Thambiah, page 145, - New Law Reports, page 353, s; 14, New Law Reports, page 484,
actments, Walter Pereira, Law of Law by Lee, 4th Edition, pages

Page 53
CHAPTI THE LAW 01
Division of Property in Tesaw Mudusam (Ancestral Property Mudusam under the Jaffna )
heritance Ordinance. Dowry Property (Chidenam). The Origin of Dowry-Persons Form of Dowry Deed-Rights a
in respect of Dowry Propert Rights and Obligations of the
Dowry Property. Acquired Property. . Thediatettam. Jaffna Matrimonial Rights an Powers of spouses over acquir Remedies of the wife on heirs. Wife's right of alienation of T Law of Thediatettam under Oı
In this Chapter I will give a br under Tesawalamai and would lil fication of Property under the Jaf heritance Ordinance. I would “Mudusam", "Chidenam" an obligations of the spouses interse and I would attempt to fully cov tettam” which means "acquired
Under Tesawalamai, propert categories :
(1) Hereditary property
and
(3) Acquired property u
There is yet another class o which means the dowry properti of course, there is a category call "Patrimony Inheritance" is te

IR VI I PROPERTY
alamai. )—Origin of Mudusam. Matrimonial Rights and In
| who could grant Dowry.
nd Obligations of the Parents y. spouses interse in respect of
d Inheritance Ordinance. ed property. hediatettam. erdinance 58 of 47. rief idea of the division of property ke you to understand the ClassiTna Matrimonial Rights and Inalso explain to you the terms d also mention the rights and e in respect of dowry property per the entire field of “Thedia
property”. y could be divided into different
- which is called "Mudusam”
hich is called "Thediatettam”. f property called "Chidenam” - brought by the wife. Finally ed the "Residuary Property".
med Mudusam whereas "non

Page 54
Patrimony Inheritance" is terr have been defined in the Jaffna M Ordinance, Chapter 58, Sections
Section 15 states :-
“Property devolving death of his or her parents ascending line is called heritance).”
Section 16 states :
“Property devolving death of a relative other tha ascending line is called heritance)".
The Jaffna Matrimonial Rigl Ordinance No. 58 of 47 has defined manner :- (See Section 19)
“No property other tha to be the Thediatettam of a s (a) Property acquired by tl
of the marriage for consideration not forn
of the separate estate of (6) Profits arising during
from the separate estate
There is another class of p "Residuary Property". For ir stranger not coming within the
mentioned.
Mudusam :
I would now give you an Property). Mudusam is defin. Patrimonial Inheritance being pi by descent at the death of his or he in the ascending line.
If a person sold "Mudusam bought a new property during cov retains its old character. But in

ned as "Urumai”. These terms atrimonial Rights and Inheritance 15 and 16.
on a person by descent at the or of any other ancestor in the Mudusam (patrimonial in
on. a person by descent at the n a parent or an ancestor in the Urumai (non-patrimonial in
hts and Inheritance Amendments 1 “Thediatettam” in the following
an the following shall be deemed pouse :- hat spouse during the subsistence
valuable consideration, such ning or representing any part that spouse. the subsistence of the marriage : of that spouse’”.
roperty, which may be termed istance property donated by a categories of property already
idea of Mudusam (Ancestral ed, as mentioned earlier, as 'operty devolving on a person : parent or of any other ancestor
>" or "Urumai” property and erture under the old law, it still Seelachchy Vs. Visuvanathan Chetty

Page 55
reported in 23, New Law Reports, the view that all properties aco during coverture are s-Thediate Therefore if “Mudusam” or “U property was acquired during co “Thediatettamo" property. O the law has restored the old states :
"If hereditary propert when the husband dies and ever hereditary property t from the acquired property not sufficient then the heirs loss. On the other hand, considerably increased, the husband were not in a positi
The Jaffna Matrimonial Ri has not amended the law with r and therefore the view is that the in force.
Chidenam:
Chidenam means dowry pi of the Matrimonial System of among the Tamils in their primiti
It would suffice to mention 1 Jaffna is a relic of the Marumakka into Ceylon by its earlier Malaba
The Origin of the Jaffna 1 If a daughter of the early settlers custom that prevailed among the
Malabar provided with a separat parental house, other landed pro household utensils, jewellery, etc The Tesawalamai code states.
“From ancient tis together in marriage by from the beginning bee:
mination of Mudusam o brought by the husband, wife was called in the or by us dowry”.

page 92 the divisional Court took uired for valuable consideration tam” or “acquired property?”. umai” property is sold and a new verture it has to be considered as dinance 58 of 47 which amends view. The Tesawalamai code
y was diminished during marriage, the property is divided, whatsohat was lost must be replaced . If the acquired property was of the husband had to bear the if the husband's property was
wife's heirs at the death of the on to claim any compensation”.
ghts and Inheritance Ordinance :gard to the right of replacement law mentioned in the code is still
roperty. This is an adaptation succession which was in vogue ve stages of social development.
that the dowry system as exists in attayam law which was introduced ar Settlers.
Dowry System is from Malabar. married she was, according to the m in their former place of abode, e house or a distant share in the perty, implements of husbandry, ., suitable to her station in life.
nes all the goods brought such husband and wife have a distinguished by the denor hereditary property, when and property brought by the Tamil language Chidenam,

Page 56
40
Any purchase made during n property. Under the old law a
moneys was regarded as dowry pro the position appears to have beco1 of 47 restored the old law.
The question has been disci dowry. The father should furni out of the deceased mother's pro both and his own inherited propert
After the death of the father ca Garvin J. in the case of Sinnathan New Law Reports, page 103 states vested in his widow who had the to a daughter”.
In Valliammaipillai Vs. Ponnamt pa ge 234 it is stated that when both 1 of the children can apportion ai belonged to the parents as dowry to
There is nothing under the cod a relation from giving as dowry h the dowry given by the parents.
Dowry may be given at any tia given even when no marriage i marriage. There is a distinction Tesawalamai and property grar Consideration in a deed must be gi English Law. Dowry should be give the marriage. Form of a Dowry Deed :
According to the Prevention of of the Ceylon Legislative Enactmer be notarially attested. If the prop delivered or the agreement must duly registered within 21 days. Ordinance).
In Velupillai Vs. Kadiravelu, 6 T. stated “though the dowry deed on tl to the “wife”, and if post-nuptial d to the answer and evidence, the execution of the deed, which thus consideration of marriage, and, ther

narriage is regarded as acquired ay purchase made with dowry operty. After Act No. I of 19II he different. But Ordinance 58
Issed as to who could grant a sh the dowry of the daughter perty, the acquired property of
y.
puld the mother grant a dowry ?
kethi Vs. Poopathy reported in 36, S“The property of the deceased right to apply it to give dowry
-alam reported in 2, Browne Report, che parents are dead the relations ny part of the property which - any of the female children.
de of Tesawalamai that prevents is own property or to augment
ne before marriage. It may be s contemplated or even after between dowry property under ited by a deed of dowry. ven the same meaning as in the a as a quid pro quo to consummate
'Frauds Ordinance, Chapter 57 ts transfer of dowry lands must erties are movables that must be be contained in a Bill of sale
(See registration of Documents
mbiah Report, page 49, Withers, J. Le face of it purports to be made ed be voluntary, yet, according marriage took place after the
amounted to a settlement in efore, valuable.

Page 57
A Conveyance of land by a dowry on her marriage is prima consideration. Such a deed gair sale by prior registration.
In Jayasekera Vs. Wanigara 364 it is stated that no question to dowry deed.
I will now give two forms dowry deed and Secondly an ag
DOWRY
. N.
To all to whom these presen
Whereas I am by virtue
day of
by
Under N prietor of all the allotment of a
described.
And whereas I am desirous o land, house and premises to my (
And whereas the said E.F. a the said dowry.
Now know all men by these for and in consideration of the n have and bear unto my said da sideration of the marriage of my E.F. do hereby, by way of dowry and assign, unto the said C.D. I administrators and assigns the f
A piece of land (descriptio estate, title, interest, claim, be from, in, out of and upon the s of the value of Rs.
To have and to hold the with all the rights, easements, p:

|
ather to his daughter by way of facie a Conveyance for valuable s priority of an anterior deed of
tne, 12 Nero Larw Reports, page of acceptance arises with respect
of Dowry Deeds. Firstly a reement to give dowries :
DEED
Prior Registration.
.ts shall come I, A.B. of
end greetings :
of the transfer deed dated the
19 and attested Notary Public of 0.
the owner and propiece of land called
and more fully hereinafter
of giving by way of dowry the said daughter C.D. wife of E.F. of
nd wife C.D. are willing to accept
presents that I, A.B. of atural love and affection which I ughter C.D. and for and in consaid daughter C.D. with the said give, convey, make over, transfer, wife of E.F., her heirs, executors, -llowing piece of land to wit :
a of parcels), with all my right, nefit and advantages whatsoever aid land and premises which are
said land and premises together ivileges and appurtenances there

Page 58
unto belonging or used or enjoye as part and parcel or member wife of E.F., her heirs, execut for ever.
And I, the said A.B. do herel and administrators covenant w. that the said land and premises given in dowry are and is free fro my aforewritten shall and will same unto her the said C.D., w against all persons whomsoever required and at the proper costs a of E.F. and her aforewritten, si and them all such further and ot shall or may from time to time be fully and effectually vesting on I premises hereby dowried.
And now know all men by t E.F. and wife C.D. do herel In witness whereof we, the s
AGREEMENT TO
Memorandum of Agreemer and wife S. of heirs, executors and administrato P.T. of
Whereas a marriage has just C., daughter of the said K.K. ar marriage according to Hindu rit
And whereas it has been ag the said parties that the said K. said C. by way of dowry Rs. 25 free from all encumbrances and
And whereas the several la and wife S. become free from ei 1955.
Now this Memorandum wit wife S. do hereby agree to give worth of landed property withi Rs. 5,000/- worth of jewellery a of the marriage according to Hin

1 therewith or reputed or known thereof unto her the said C.D. ors, administrators and assigns
py for myself, my heirs, executors th the said C.D., wife of E.F., i and every part thereof hereby
m any encumbrances, that I and always warrant and defend the ife of E.F. and her aforewritten and further whenever thereunto und charges of the said C.D., wife gn, execute and deliver unto her her acts, deeds and assurances as : necessary or expedient for more her and them, the said land and
hese presents that we, the said py thankfully accept this dowry. aid A.B., E.F. and C.D. etc.
O GIVE DOWRY
at entered into between K.K.
for themselves, their ors of the one part and C. wife of
of the other part.
been registered between the said ad P.T. but the consummation of es have been postponed to
creed and settled by and between K. and wife S. should give to the 5,000/- worth of landed property
Rs. 5,000/- worth of jewellery.
nds belonging to the said K.K. acumbrances only in September,
nesseth that the said K.K. and - by way of dowry Rs. 25,000/- a six months from this date and E the time of the consummation du rites.

Page 59
And now know ye and these i and husband P.T. do hereby ag property and jewellery of the a: dates.
And it is further agreed by an dispute or difference relating to t property or jewellery shall arise ar shall be referred to the arbitration chosen by the said parties or the appointed by the said two indistead, and the award of which art
In witness whereof
Rights and Obligations of spot
property :
According to the Jaffna Mati Ordinance “Thediatettam" has arising during the subsistence of husband or wife. Therefore rent will be liable to seizure for the hus property itself is not liable;
(1) If the dowry is dimi
husband it has to be i perty of the husband - perty is divided.
(2) If the wife squandere
loss need not be made of his acquired proper
(3) If the property either o
considerably the husba or her death cannot improving it.
In Chellappah Vs. Kumaras Reports it was held that under T not competent to deal with her i concurrence of her husband.
Thediatettam :
Acquired property is “Thedi: sion "thediathettam'" has been u

presents witness that the said C. gree to accept the said landed foresaid value on the aforesaid
d between the parties that if any he valuation of the said landed nong the parties then the matter I of two indifferent persons to be ir aforewritten or of any umpire fferent persons chosen in their bitrators or umpire shall be final.
ases interse regarding dowry
rimonial Rights and Inheritance : been defined to include profits
marriage from the property of a and profits from dowry property band's debts although the dowry
nished during marriage by the replaced from the acquired prowhen the wife dies and the pro
1 the dowry property then the
good out of the husband's half ty.
f the wife or husband is improved and's heirs or wife's heirs on his claim the expenses incurred in
amy reported in 18, Nero Laro esawalamai a married woman is mmovable property without the
athettam”. This single expressed to describe property falling

Page 60
within a definition of which the ent periods, viz :before the in 1911: between 1911 and the July, 1947. Thus under the cust ted of (1) the profits derived fro spouses and (ii) all properties a by their exertions during ma Rights and Inheritance Ordina changes in the concept of "Thed
(i) property acquired for
spouse and during the s
(ii) profits arising during
of either spouse. Th again underwent a chai Inheritance (Amending
The following section was Principal Ordinance :-
"No property other than th the thediatheddam of a spor
(a) Property acquired by
tence of the marriage consideration not for the separate estate of
(6) Profits arising during
from the separate est
As regards the second eleme the subsistence of the marriage spouse" there is no difficulty. during the last two hundred y undergone considerable change. three heads :
(i) It should be a new acq
(ii) It should have been ac
(iii) It should have been ac
the marriage.

4
scope has been different at differPrincipal Ordinance was enacted
4th July, 1947 ; and after 4th omary law, Thediathettam consisom the separate properties of the cquired by either of the spouses rriage. The Jaffna Matrimonial nce No. 1 of 1911 made certain liathettam". It was defined as--
valuable consideration by either ubsistence of the marriage;
the marriage, from the property e concept of “Thediathettam’’ nge under the Jaffna Matrimonial ) Ordinance 58 of 1947.
substituted for section 19 of the
e following shall be deemed to be ise :-
y that spouse during the subsise for valuable consideration, such
ming or representing any part of E that spouse.
s the subsistence of the marriage cate of that spouse.
nt, namely "Profits arising during from the separate estate of that It has not undergone any change ears. But the first element has
It is better to analyse it under
uisition.
quired for valuable consideration.
equired during the subsistence of

Page 61
New Acquisition :
Under the old Thesawalamai be in the nature of some new a whether a particular property is we must trace the source from w in order to acquire the propert bought from moneys received as cannot be considered as an acqui
The question whetlier a proj band's name or wife's name is not into consideration. Whether it name or wife's name, the other sp when one spouse dies. - Thus 25 New Law Reports, 201, it husband acquires property in hi of the wife a half share will devol in Ponnachi Vs. Vallipuram, 25 N that where a property is acquired and the deed is executed in her the spouses. In this case, the w the marriage and the deed was ir husband left in separation from hi to the plaintiff. It was held that the conveyance was in the name of
The question has arisen whe insurance policy is acquired pro
distinction between two question (i) What is the position wh
policy are such that the m
lar nominee ? (ii) What is the position if t
name of the nominee ? As regards the first question, no difficulty because the moneys p: as the property of the nominee. regard to the second question. riam, 19 Nerw Law Reports, 52 was taken out after marriage and perty purchased after the date of until the contrary is proved should court, it was conceded that the
marriage on the husband's life i property.

, the property acquired must cquisition or gain. To decide I an acquired property or not 7hich consideration was derived y. Thus, if properties were
Mudusam or Chiddenam they red property.
perty was bought in the husa factor which should be taken
is bought in the husband's ouse will get half the share of it in Murugesu vs. Kasinathan, t was held that where a s own name, on the death ve on the wife's heirs. Further Prw Larw Reports, 151, it was held
by a wife during the marriage favour it vests in law in both ife acquired a property during i her name only, and later the s wife and donated a half share the donation was valid though f the wife only.
ether the premium paid to an perty. Here we must make a
S-- en the terms of the insurance aoneys are payable to a particu
he policy does not contain the
there is no problem. There is ayable under it will be regarded
The real difficulty arises with In Ponnammal Vs. Kanagasu7, it was held that the policy - the presumption that all pro
marriage is acquired property - be applied to it. In the lower value of the premia during the insurance policy was acquired

Page 62
Gratuity paid to a public s is not thediathettam. Thus, Theivanapillai, 58 Nerw Larw R in Seethanganiammal vs. Eliya
In Thamotheram Vs. Na Drieberg. J. stated "Money whic al earnings which he has set as needed for an ordinary expendit or as acquired property. I do applicable to the salary of the sufficient for needs and is exha legal obligations he is under, of
A notarial lease is a pro t rights will be regarded as proj section.
The same principles appl Rights and Inheritance Ordinan Ordinance No. 58 of 1947.
Valuable Consideration :
The property must be acq Thus properties inherited by s not thediathettam.
Under the old customary la sion of one's property from one from money belonging to one' property during the marriage d nal character.
But the definition of th of 1911 created some difficu Nalliah Vs. Ponnamma, 22 Ne: was followed. Where a husban which he had saved before mar: ment still preserved its origina vs. Rosammal, 35 New Law Re took the view that if any propei for valuable consideration it i perty though the purchase pri separate property of one of followed in Alvan Vs. Ponny, Privy Council too has followed Kadirgamar, 72, New Law Rej

ervant on retirement from service it was held in Kasipillai Vs. eports, 187. following the decision perumal.
galingam, 31 Nero Law Reports, ch a man has saved from professionide or invested and which is not cure can be regarded as acquisition O not think these expressions are appellant in this case. It is just Lusted in fulfilling the natural and supporting his wife and children.’”
anto alienation and the leasehold perty within the meaning of this
y under the Jaffna Matrimonial ce No. 1 of 1911 and the amending
quired for valuable consideration. pouses or which are donated are
w there was no difficulty. Convere form into another, for example, s separate estate into immovable id not rob such money of its origi
ediathettam in ordinance No. 1 lty. regarding this question. In zw Law Reports, 198. the old view d had invested on mortgage money riage, it was held that such investl nature. But in Avitchy Chettiar ports, 313. the Divisional Bench rty is acquired during the marriage s thediathettam or acquired proce may have been paid out of the
the spouses. This decision was - 41 New Law Reports, 105. The
this principle in Subramaniam vs. ports, 289 at 290. “Paragraph (a)

Page 63
of this section (S. 19) brought wi sion “thediathettam' as used in was not included in thediatheti Tesawalamai.’”
The decision in Avitchy Che Reports, 313, led to very curious dowry and if the wife uses the ca property, such property woul of the spouses. This would me the husband while the other half of these decisions there was pub appointed to alter the legislati conformity with the principles la
The amending Ordinance by adding the following words
“such consideration not fo of the separate estate of the
But in Arunasalam Vs. Aiyan it was held that a property bo by both spouses will be thediath rity granted for the loan is a m of either spouse will not render property of that spouse. Nor w the separate property of that
Earlier the thediathettam w to both spouses. Half share at spouse by operation of law. Bu of 1947 has brought in a new spouse. "S. 20(1) of the Ordi ordinance No. 58 of 1947, prov each spouse shall be property co to say, although it is acquired by or her name, both shall be eg provided that “ .... one half the property of the survivor an of the deceased ....?Ordin: effected a vital change when it r thettam was property common the death of either spouse on and the other half vested in the h ed instead a new concept of tl provided that one half of the the deceased spouse shall devolve

ithin the definition of the expresI that Ordinance property which tam under the customary law of
ettiar Vs. Rosammal, 35 New Law s results. If a wife is given cash .sh for the purchase of immovable 1 be termed acquired property can half the property would go to
would go to the wife. As a result lic agitation. A Commission was on in order to bring the law in aid down in Nalliah vs. Ponnamal.
has restored the original view 5:---
erming or representing any part at spouse” (new s. 19).
Zurai, 10 New Law Reports, 165 ught out of a loan raised jointly iettam. “The fact that the secumortgage of the separate property - the loan so raised the separate ill the property purchased become spouse.'?
was a common property belonging utomatically vested on the other at the amending Ordinance No. 58 concept of thediathettam of each nance, before it was amended by ided that " the thediathettam of -mmon to the two spouses, that is y either spouse and retained in his
ually entitled thereto. S. 20(2) of the joint property shall remain d the other half vests in the heirs ance No. 58 of 1947, however, epealed the provision that thedia
to the two spouses and that on e half remained with the survivor aeirs of the deceased, and introduc
ediathettam of each spouse and -diathettam which belonged to the on the surviving spouse and the

Page 64
other half on the heirs of the de belonged to the surviving spo death of the other spouse. New Law Reports, 165 at 167
The Privy Council in Subro Larw Reports, 289 has analysed t} Ordinance in the following mani
“.....The effect of sub-se was to vest in the non-acquiri acquisition an undivided half by the other spouse during the section (2) provided, inter alia, share upon the death intestate of to indifferently in the section a common to the two spouses', S? in effect that the property owned and in particular that the undivi shall form part of his estate.” certain changes. According to Vs. Subramaniam, 56, New Lato section 20 and the substitution following effect :-
(a) if either spouse acquire
after 4th July, 1947, no law in the non-acquiring the marriage ;
(b) if the acquiring spouse
spouse without havin property, the new secti the property devolves half on the deceased's
(c) if the non-acquiring s
spouse, the thediathet spouse continues to V spouse: the new sectio the thediathettam of th to the non-acquiring si
In Chelliah vs. Sinnatamby, held that where one of two spo the whole of the thediathettam trator for purposes of administ

.8
cased. The thediathettam which se remained unaffected by the Arunasalam vs. Ayadurai, 70 er Sivasubramaniam, J.).
maniam Vs. Kadirgamar, 72 New e meaning of s. 20 of the principal
er :
ction (1) of this section (S 20) ng spouse from the moment of share in the property acquired ! subsistence of marriage. Sub
for the devolution of this half 'each spouse. Although referred s ‘joint-property’ and ‘property
of the Wills Ordinance provides I jointly shall be held in common ded share of a deceased co-owner The amending Ordinance made
Gratiaen J. in Kumaraswamy, Reports 44,” the repeal of the old of the new section 20 have the
es thediathettam property on or share in it vests by operation of spouse during the subsistence of
predeceases the non-acquiring y previously disposed of such on 20 applies : accordingly, half On the survivor and the other heirs ;
Douse predeceases the acquiring tam property of the acquiring est exclusively in the acquiring n 20 has no application because e acquiring spouse never belonged Pouse.'
10, New Law Reports, 572, it was ases subject to Tesawalamai dies, property vests in the adminisration.

Page 65
During the subsistence of ma
The property should also ! Where there is a deed of separati tion of proprietory interest the provisions. In Rajaratnam vs. ( 241, it was held that, the husba decree nisi was made absolute, t of his wife in respect of her sh
Finally, we must rememl can only be acquired by the sp the wife (S.19). But, under the acquired by the children, while t were also regarded as thediathet
POWERS OF OVER THEDIATE
Power to sell :
The husband has the pow joining his wife.
The husband's power to se sistence of marriage has been we Reports, page 7, Seelachy Vs. V
After the death of the wi alienate.
If the parties are governed and Inheritance Ordinance in separation the husband cannot s property in view of the provision
In Durairajah Vs. Mailva Reports, page 540 When a husb Law of Tesawalamai sell imme wife, notice to warrant and de wife separately if she is to be ) to the husband cannot, by v Matrimonial Rights and Inheri notice to the wife as well.
Power of Lease :
The husband has the right t during the subsistence of ma

rriage
le acquired during the marriage. on which provides for the separa| spouse will be bound by such 'hinnakuru, 71, New Late Reports, nd ceased, on the date when the o be the "irremovable attorney’’ are of thediathettam property.
per that, today, thediathettam suses, i.e., by either husband or old customary law, all properties hey were under the parental roof, itam of the spouses.
THE SPOUSE TTAM PROPERTY
rer to sell Thediatettam without
ell acquired property during subell recognised. Vide 23, New Larw
suvanathan Chetty.
fe the husband has no power to
by the Jaffna Matrimonial Rights
the event of death divorce or ell more than half of the acquired a of Section 22 of the Ordinənce. ganam, reported in 59 New Laro and and his wife governed by the ovable property belonging to the fend title must be given to the neld liable. In such a case, notice rtue of section 6 of the Jaffna tance Ordinance be construed as
o mortgage Thedia tettam property riage and a hypothecary action

Page 66
can be brought against the husl
wife. If the property mortgaged hypothecary action is brought t necessary to make the heirs of tl bind her half of the estate.
Powers to donate :
In Parasakutty Ammal Vs. . 271 it was held that a husband con the acquired property. In Vith CLW page 62 it was held that t good title and the wife's remedy w the property has been sold.
Power of the Legal Represen Thediatettam.
On the death of one of the Thediatettam property vests in th administration and in the case of an-assignee who takes an assignm ving spouse in a chose in action tal right of the administrator to cla of administration.
Remedies of the wife or her hei
The wife or her heirs cann against a bona fide purchaser for claim compensation from the hus
Action for compensation:
If a husband donates more t) of marriage and the donee alien consideration to a bona fide Purcha to the wife or her heirs is to claim
Wife's right to alienation:
Alienation by the wife of her the consent or concurrence of the h
Before I conclude this chapte reported in 56, Nerw Lazw Reports, i In this case it was held :

pand alone without joining the
was Thediatettam and when the he wife was dead it would be he wife parties to the action to
Settupillai, 3, New Law Reports, ald not donate more than half of ilingam Vs. Suriyavasagam 38 he bona fide purchaser acquired ras only for compensation where
etative of the deceased over
two spouses the whole of the ae Administrator for purpose of persons subject to Tesawalamai ent of the interest of the survikes the assignment subject to the aim the property for purposes
rs:
ot bring a vinicatory action value. Their only right is to band.
nan half during the subsistence ates the property for valuable iser, then the only remedy open compensation.
share of Thediatettam without usband is bad is law.
r I would like to refer to a case Kumarasamy Vs. Subramaniam.

Page 67
51
The rights of a wife, to v in respect fo Thediatettam pro before the Jaffna Matrimo Amendment Ordinance of 1 governed by Section 20 of th and are not affected by Sect Ordinance. If she predeceas the date when the amending the devolution of her share solely by Section 21 of the p new Section 20 has no applic the entirety of her vested int the children of the marriage of the husband.
In Ponnupillai Vs. Cumaravet Reports, Page 241, husband's co property:
Held -- (i) Section 8 of the Inheritance Ordinance does no Jurisdiction to grant a married deal without the consent of her h property as she might think best can give consent only to a particu at the time of the order. An specify the nature of the transa
mortgage etc., and control in so financial consideration involved
which the transaction consented to is still to be in force, is not w upon the court. Accordingly,
married woman without her husb: authorisation by Court is Jiable her death at the instance of an would otherwise have devolved.
(ii). It was also held that a voidable if the consideration affo as to amount to leasio enormis.
In Thevainaipillai Vs. Nalliah, page 346—sale of immovable pr husband's consent after obtaini In a proceeding, a married w section 8 of the Jaffna Matrir Ordinance to sell without her h which had been acquired by he

vhom the Tesawalamai applies, operty acquired by her husband nial Rights and Inheritance 947 came into operation are ne principal Ordinance of 1911 ions 5 and 6 of the amending es her husband subsequent to ; Ordinance became operative, of that property is regulated rincipal Ordinance because the ation to the case ; accordingly, terest in the property passes to as her heirs, to the exclusion
pillai reported in 65 New Law nsent for wife to alienate her
Jaffna Matrimonial Rights and E confer on a District Court
woman general permission to usband, with all her immovable . Under the section the Court lar transaction actually proposed
order that does not at least ction consented to, sale, lease, ome degree the price or other
and the limit of time within - must be effected if the consent ithin the jurisdiction conferred
a transfer of property by a and's consent and without valid
to be set aside by court after heir upon whom the property
sale of immovable property is rded is so much an undervalue
reported in 65 New Law Reports, -operty (Thediatettam) without ng sanction of District Court: oman applied to court under nonial Rights and Inheritance usband's written consent a land er during the subsistance of her

Page 68
marriage and which according thediatettam irrespective of wl her with her dowry money or was served with notice of the when the court after inquiry, of the land without the husban sold by the wife, the husband challenge the validity of the sa had no jurisdiction to sanction
without his authority.
It was held that the order in the finding that the land was tł plaintiff in the present action v the doctrine of res judicata fror in question was thediatettam pi
In Seenivasagam Vs. Subran Reports at page 542: Where Tesawalamai dies leaving acquir is not entitled to donate by w: had married once before any which has devolved on the oth
In Vijayaratnam Vs. Rajadura Page 145: Sale of immovable governed by Tesawalamai, with
A married woman govern feme sole; she is subject to the
The right of the husband to or mortgage of his wife's sep incidence of his marital power.
The Plaintiff and the 3rd who are governed by Tesawala and before 1947. The 3rd D ration since 1951 obtained peri 326, to sell, without the husba property which belonged to her her to sell the property at a p lacham she sold certain lots at R 2nd defendants. In the presei sale should therefore be set aside
It was held that inasmuch ordance with the terms of the s No. 326, the husband had suffic

:0 the law as it then stood, was ether it had been purchased by 1ot. The husband, although he
wife's application, was absent made order authorising the sale l's consent. After the land was sought in the present action to e on the ground that the court he sale of thediatettam property
the previous proceedings involved te wife's separate property. The ras estopped by the operation of a now showing that the property operty.
taniam reported in 65 New Law a man subject to the law of ed property, the surviving spouse ay of dowry to a daughter who share of the acquired property er children.
ai reported in 69 New Law Reports, property by (Tesawalamai) wife -out husband's consent.
ed by the Tesawalamai is not a e marital power of her husband. give his consent to the alienation arate immovable property is an
defendant are husband and wife mai and were married after 1911 efendant who was living in sepanission from Court in action No. nd's consent, certain immovable - Although the Court authorised rice not less than Rs. 2,500/- per S. 500/- per ]acham to the ist and at action the plaintiff claimed the
and declared null and void.
is the sale by wife was not in accanction given by Court in action ent status to maintain this action.

Page 69
53
References and Ft
Jaffna Matrimonial Rights and Inherita Jaffna Matrimonial Rights and Inherito 23, New Law Reports, page 92. Sinnethankethi Vs. Poopathy, 36, New I Valliammaipillai Vs. Ponnambalam, 2, Velupillai Vs. Kadiravelu, 6, Tambiah Jayasekera Vs. Wanigaratne, 12, NLA 25, NLR, page 201, Murugesu Vs. K Ponnachi Vs. Vallipuram, 25, NLR, pa Ponnammah Vs. Kanagasuriam, 19, N ThamotheramVs. Nagalingam, 31, NI Seethangani Ammal Vs. Aliyaperummal, Nalliah Vs. Ponnammal, 22, NLR, 19 Avitchy Chettiar Vs. Rosammal, 35, N Parasakutty Ammal Vs. Settupillai, 3, Vithilingam Vs. Suriyavasagam, 38, CL Kasipillai Vs. Theivanaițillai 58, N Durairajah Vs. Mailvaganam, 59, N Chelliah Vs. Sinnathamby, 60, NLR, Ponnupillai Vs. Cumaravetpillai, 65, Theivanaipillai Vs. Nalliah, 65, NL. Seenivasagam Vs. Subramaniam, 65, . Arunasalam Vs. Aiyadurai, 70, NLR Vijayaratnam Vs. Rajadurai, 69, NL

urther Reading
Ence Ordinance, Chap. 58. ance Ordinance No. 58 of 47.
Law Reports, page 103.
Browne Report, page 234.
Report, page 49. 2, page 364. asinathan. ge 151. LR, page 257. CR, 257.
39, NLR, page 87.
8:
FLR, 313.
NLR, 271. W, page 62. LR, page 187 FLR, page 572..
page 572. NLR, page 241. R, 346. NLR. page 542. , page 165.
R,, page 145.

Page 70
CHAPT
JAFFNA MATRI
INHER
Registration of Title and the
Inheritance under the Jaf
Inheritance Ordinance.
Applicability under the Ja
Inheritance Ordinance 191
Different kinds of property
Rights and Inheritance Or
Succession under the Jaff
Inheritance Ordinance. L nial Rights and Inheritance
In this chapter I would de the Law of Tesawalamai. The
Tesawalamai, Inheritance unde and Inheritance Ordinance and applicable when the Jaffna Ma
Ordinance is silent.
Registration of Title :
A commission was appoint report into the law relating to protection of lands of agricultu request you to refer to Sessione report the Commissioners sugges
(1) Registration of Title (2) annexed a Draft Ord
In their report the Comm registered it should be made reli information relating to the tit Commissioners further stated t Roman-Dutch Law there was r who are governed by Tesawala difficulty. To quote from the

TER VII
MONIAL RIGHTS
ND
RITANCE
law of Tesawalamai. fna Matrimonial Rights and
fna Matrimonial Rights and
under the Jaffna Matrimonial dinance.
Ena Matrimonial Rights and .aw applicable when Matrimoe Ordinance is silent.
al with the registration of title and
Law of Inheritance under the old er the Jaffna Matrimonial Rights
finally I would deal with the law atrimonial Rights and Inheritance
ed by Government to inquire and
mortgage credit facilities and the rists. In this connection I would al Paper, page 3 of 1946. In this sted :
; and, Cinance.
issioners stated that once title was able and for this reason all possible le should be first obtained. The hat in regard to the principles of no difficulty but in regard to those mai there was a certain amount of Commissioners report “A person

Page 71
subject to Tesawalamai thou full owner of the land and de fact be the full owner and it to be made whether on his des by him, that special rights i other person. The possibili ferred has to be taken into ac tion of title”.
It was therefore the conside that in regard to the Registratio to be made when people are s would be registered as owners suggested that when a person is it should be open to any party wi: entered in the Register to the e subject to Tesawalamai.
The Commissioners also sub refer to certain sections of this dra and 142 which are reproduced her
138 (1) The Registrar sha on that behalf in the prescribed fo to the effect that the person for owner of any land is alleged to
walamai.
A caution under this sub-Se of the Registration as owner of t or at any time while such perso after the death of such person.
Provided, however, that n deceased registered owner is a entered in the Register if any registered after inquiry held unc person alleged to be so subject, i of the limited interest therein under Section 99.
138 (2) A caution enteri unless removed in accordance wi relating to the removal of cau standing the registration of any or of any part or share thereof against the person alleged to be :

gh he may ostensibly be the al with it as such may not in
is possible today for claims th or in the event of alienation n the land exist in favour of y of such claims being precount in a system of registra
ed opinion of the Commissioners 1 of Title special provisions have ubject to the Tesawalamai who of lands. It has therefore been
registered as owner of the land shing to do so to have a “caution’ ffect that the registered owner is
mitted a draft ordinance. I will ft ordinance, namely, Sections 138 'e :
11, on application made to him orm, enter a caution in the Register - the time being registered as the o be subject to the law of Tesa
Ection may be entered at the time he person alleged to be so subject on is so registered or at any time
D caution to the effect that the lleged to be so subject shall be
other person has already been er Part VI upon the death of the as owner of the land or the holder or has been registered as owner
ed under sub-Section (1) shall, th the provisions of this Ordinance tions, continue in force notwithperson as new owner of the land py virtue of any disposition by or ubject to the law of Tesawalamai :

Page 72
56
Provided, however, that in the eve caution shall be cancelled by the R person alleged in the caution to
walamai is dead and that a period his death.
1. Where a caution has been Section 138 and is for the time beir (whether on the death of the pers Tesawalamai or any other time) r registered land, he would be owne divided share thereof by reason subject to the law of Tesawalama entitled to be registered as owner o thereof, and upon his being so regis subject to the rights or interests of the caution remains in force, been position as the owner of the land or the holder of a limited intere except to such extent if any as hi to any such rights or interest if the la
In this sub-Section disposition the executor or administrator of in his capacity as such, whether or otherwise.
2. In any case referred to i may make an entry in the Regist made therein, for the purpose of se accurate information as to the ri and the Registrar shall in so doin of that sub-Section.
139 (1) Notwithstanding tha in the Register under Section 1 registered as the owner of any lan law of Tesawalamai, any person v force or at any time thereafter pi registered land, he would have land or to any part or undivided person so registered is or was subje to be registered as such, if but only
(a) the person so proved to
walamai is for the time land or part or share th

ent of any such registration, the Registrar if he is satisfied that the be subject to the law of Tesad of two years has elapsed after
i entered in the Register under ng in force, then any person who son alleged to be subject to the proves that if the land were not r of the land or any part or unthat the person alleged to be ni is or was so subject, shall be of the land or such part or share tered his title thereto shall not be any other person who has, while registered by virtue of any disor of any part or share thereof est therein or as encumbrancer s title would have been subject and were not registered land.
includes any disposition against the deceased registered owner effected under Section 96 or 99
n sub-Section (1) the Registrar er or cancel or alter any entry curing that the Register contains ghts and interests in the land, ag have regard to the provisions
t no caution has been entered 38 to the effect that a person d is alleged to be subject to the vho while such registration is in roves that if the land were not been entitled, as owner, to the share thereof by reason that the ect to such law, shall be entitled
o be subject to the law of Tesabeing registered as owner of the ereof ; or

Page 73
(6) some other person i
owner, and it is prove sor-in-title derived ti
Provided, however, that under this sub-Section in resp thereof at any time after the d been subject to the Tesawalan such death already been registe
held under Part VI.
(2) Where any person is as owner of any land or part person shall be subject to the
who at the time of such registrat for valuable consideration, for encumbrancer or the holder of part or share thereof in respec under sub-Section.
-(3) Where registration is the Registrar may make any alter any entry made therein, f Register contains accurate inforı in the land, and the Registrar s provisions of sub-Section (2).
1. Every application for as owner of any land or part or Section 140 shall be made application being made the F to every person appearing on 1 interest is likely to be affected if
Provided that any such a of the person alleged to be su made under Section 87 and detes with the provisions of Part VI apply in any such case.
2. The Registrar shall hol and every person to whom not to be given shall be entitled to I
3. The decision of the F shall be subject to an appeal to t
(a) Where, at the time
as the owner of an

57.
s for the time being registered as ed that neither he nor any predecestle for valuable consideration ;
no registration shall be effected ect of any land or part or share eath of the person alleged to have nai, if any other person has upon ered as owner thereof after inquiry
registered under sub-Section (1) or share thereof, the title of such rights or interests of every person ion was, by virtue of any disposition - the time being registered as an f a limited interest in the land or ct of which registration is effected
effected under sub-Section (1) entry in the Register or cancel or or the purpose of securing that the
mation as to the rights and interests -hall in so doing have regard to the
the registration of any person or share thereof under Section 139
to the Registrar, and upon such Registrar shall give notice thereof the Register to be a person whose the applicant is so registered. application made upon the death bject to the Tesawalamai shall be rmined or disposed of in accordance ! and nothing in this section shall
d an inquiry at which the applicant tice is required by sub-Section (1) pe represented.
legistrar on any such application
he District Courtof the death of a person registered y land, a caution entered under

Page 74
58
Section 138 to the effec subject to the law of for the purposes of a Part VI of this Ordin such person was subje unless any person claim or any part or share th intestacy of the decease was not subject to such
(6) Where, at the time of t]
as owner of any land, n 138 to the effect that su to the law of Tesawal purpose of any inquiry shall be presumed that the law of Tesawalam purpose of claiming to l thereof alleges that he v
This Ordinance has not yet be piece of legislation will be in our S
The purpose of my reference t Examination of Title in respect of under Tesawalamai should be cons question of Examination of Title i under the Tesawalamai one shoul there is a chain of title, whe capacity to alienate and whe have been joined.
When a Jaffna Tamil execute to ascertain whether :
(1) Such person was marrie
of the deed ;
(2) Whether he or she was
under Tesawalamai.
If the man is go the woman is not so go she will be governed b subsistence of marriage.

Et that such person is alleged to be
Tesawalamai is in force, then ny inquiry or reference under ance, it shall be presumed that ct to the law of Tesawalamai, ning to be the owner of the land ereof under the will or upon the
person alleges that such person law.
he death of the person registered 10 caution entered under Section ch person is alleged to be subject lamai is in force, then for the
or reference under Part VI, it such person was not subject to ai, unless some person for the pe owner of the land or any part was so subject.
een passed. It is hoped that this tatute before long.
o this aspect of the subject is an land where people are governed sidered with great care. In the a regard to properties governed d be careful to find whether ther the Grantors have the ther the necessary parties
s a deed it is always necessary
:d at the time of the execution
married to a person governed
verned by Tesawalamai and verned at the time of marriage y the Tesawalamai during the

Page 75
(3) Whether the other sp
execution of the deed.
(4) Whether the property
If the property wa 58 of 47, the property v wife and it was there should join in any Co husband had his legal Thediatettam though h
A Notary would c title where the husbar property. After Ordi character of Thediatei either spouse now has Thediatettam. But b and acquired propert husband must give his the wife except in cer obtained from Court.
(5) Whether either spouse
in which case the su convey only one half tl
INHERITANCE UNI
MATRIMONIAL INHERITANCE
Applicability of the Jaffna I
heritance Ordinance of 1911
The Jaffna Matrimonial Rig applies only to those Tamils to (See Section 2).
Applicability of Tesawalama of the Ordinance states as follows
(1) Whenever a woman to
marries a man to wł apply, she shall not
marriage be subject to t
(2) Whenever a woman i
not apply marries a m

ouse was living at the time of
was ancestral or Thediatettam.
as Thediatettam, until Ordinance vas common to both husband and fore necessary that both spouses onveyance of the property. The | right to sell the whole of the is right to donate it was restricted.
onsider carefully before he passes ad alone had sold Thediatettam nance 58 of 47 the common ttam has been taken away and - the right to convey his or her pth in the case of Thediatettam y it is still necessary that the
written consent to alienation by tain cases when consent may be
was dead at the time of alienation Prviving spouse had the right to ne Thediatettam.
DER THE JAFFNA | RIGHTS AND ORDINANCE
Matrimonial Rights and In
ghts and Inheritance Ordinance, whom the Tesawalamai applies.
li to married women, Section 3
> whom the Tesawalamai applies nom the Tesawalamai does not
during the subsistence of the :he Tesawalamai.
to whom the Tesawalamai does an to whom the Tesawalamai

Page 76
does apply, she sha
marriage be subject t
Ordinance No. 58 of 47 m situated in any part of Ceylon Tesawalamai.
The Jaffna Matrimonial Ri divided into the following parts :
Part 1–Preliminary ; Part 2—Matrimonial Rig
reference to prop Part 3-Inheritance. Part 4–Life interest.
Part 5-Interpretation cla
Section 4 of the Ordinance of spouses married before th
The respective matr and wife with regard to proj virtue of any marriage soler of this Ordinance, and all may have acquired or beco1 of any such marriage, she otherwise expressly provide would have been applicabl not been passed.
Section 5 reads as follows :-
The respective matri and wife married after the in, to, or in respect of mova during the subsistence of su provisions of this Ordinance.
The combined effect of t part 2 of the Ordinance apr
married after the proclamat took place on the 17th July, Ig
Part 3 of this Ordinance de reads as follows:
The following sections the estate of such persons onl

5o
-ll during the subsistence of the
o Tesawalamai.
akes it applicable to all properties - owned by persons governed by
ghts and Inheritance Ordinance is
ghts of husband and wife with erty.
muses.
captioned Matrimonial Rights Le Ordinance reads as follows :-
cimonial rights of any husband perty or status arising under or by nnized before the commencement - rights which any other person
me entitled to under or by virtue all (except where hereinafter is d) be governed by such law as e thereto if this Ordinance had
imonial rights of every husband commencement of this Ordinance ble or immovable property shall, ch marriage, be governed by the
hese two sections is to make plicable to spouses who were ion of this Ordinance which III.
als with Inheritance. Section 14
; of this Ordinance shall apply to y as shall die after the commence

Page 77
ment of this Ordinance, a married, shall have been of this Ordinance.
It is clear from the wordi Ordinance entitled “Inheritan who dies on or after 17th J married person this part applies 17th July, 1911.
The question has been ver Matrimonial Rights and Inher of the Wills Ordinance. Section 'effect of previous settleme
In all cases of marr part of this Island or a or settlement, the respectiv during the subsistence of management, control, dis movable property situated belonged to either party at acquired during the cov rights in or to such proper or interest therein, either di or upon the dissolution the according to the law of if the parties shall have e settlement by which their or interests in, to, or over ascertained and determinec declared entitled to a def common estates, or to ar maintenance, or otherwise other of such parties duri or at the dissolution thereo of the parties shall be en
marriage, to any other or g in or out of any such pro such nuptial contract or set entitled to, whether or not that such portion, interes right or interest which such such property as aforesaid i had not been made.
This section is repealec with the provisions of the

61
nd shall be then unmarried, or if married after the commencement
ng of Section 3 that Part 3 of the ce applies to unmarried persons ily, Igır”. If the deceased was a if the marriage took place after the
y often asked as to how the Jaffna itance Ordinance affects Section 8 18 of the Wills Ordinance captioned at” reads as follows :-
tiages contracted either within any broad without a nuptial contract ve rights and powers of the parties | the marriage in and about the position, or alienation of any imin any part of this Island, which the time of the marriage or has been erture, and also their respective ty, or any portion thereof, or estate uring the subsistence of the marriage reof, shall in all cases be determined
the matrimonial domicile ; and entered into a nuptial contract or
or either of their rights, powers, any such property as aforesaid are 1, or by which either party shall be Sined portion of or interest in the ay provision by way of dowry or , out of the separate estate of the ng the subsistence of the marriage f, then and in any such case neither titled, upon the dissolution of the reater portion, interest, or provision perty as aforesaid, than in and by tlement such party shall be declared - it shall be expressly stated therein
, or provision was in lieu of the - party would otherwise have had in f such nuptial contract or settlement
1 so far as it is not consistent e Matrimonial Rights and In

Page 78
62
heritance Ordinance and the and Inheritance Ordinance.
Different kind of property
Rights and Inheritance Ordir
In Chapter VI I have explain properties, namely, Mudusam, Ur tettam.
Property derived from the fath
The following requisites are n Matrimonial Rights and Inheritance Orı
Property received by a Urumai, or in dowry, or unde donation, or in a manner other from a father, or any of his as relations is said to be property The ingredients of this section
(1) It must be property rec
or dowry, or under a donation or in a man consideration.
(2) It must have been giver
persons :
Father, any of the of the collateral relations o:
Property derived from the mo
Property received in Mudusan under a Wiil as heir or legatee, o other than for pecuniary considerat ascendants, or any of her collateral derived from the mother's side.
The ingredients of this section
(1) Mudusam or Urumai
heir or legatee or in ( than pecuniary consider

Jaffna Matrimonial Rights
under Jaffna Matrimonial ance :
ed to you the different kinds of. umai, Chidenam and Thedia
er's side :
ecessary :-(See Section 13 of the linance) :
.ny person in Mudusam, or in r a Will as heir or legatee, or in than for pecuniary consideration cendants or any of his collateral
derived from the father's side.
are :
eived in Mudusam, or Urumai,
Will as heir or legatee or in aner other than for pecuniary
n by any other of the following
e ascendants of the father, any f the father.
ther's side :
1, or in Urumai, or in dowry or r in donations, or in a manner ion from a mother, or any of her relations, is said to be property
are :
or dowry or under a Will as Lonation or in a manner other
ation.

Page 79
(2) By the mother, any a
collateral of the mother.
In Murugasue Vs. Subramani Reports, page 532 Under the Theşav
...... to his daughter even b arranged for her. If the daughter not be entitled to inherit immova if he leaves sons surviving him. Section 15 states as follows:
Property devolving on death of his or her parent o ascending line is called Mudus Section 16 states as follows:
Property devolving on a of a relative other than a parenline is called Urumai (non-patr
On the death of either spouse which belongs to the deceased spou by Last Will or otherwise shall d and the other half shall devolve on
See Section 6 of Ordinance 58 of 47.
SUCCESSION UNDER ORDI The Matrimonial Rights & Inh
Section 21 states as follows:
Subject to the right o preceding section mentioned th in the following order as respe
(a) descendants, (6) ascendants.
(c) collateral. Descendants :
Section 22 captioned “Right remoter descendants rights” reads :
Children, grandchildren preferred to all others in the est: take equally per capita but th deceased child take per stirpe.

scendant of the mother, any
am reported in 69 New Law valamai father can grant minor efore any marriage has been
marries subsequently, she will able property from her father
a person by descent at the
of any other ancestor in the am (Patrimonial Inheritance).
I person by descent at the death t or an ancestor in the ascending imonial inheritance).
! one half of the Thediatettam ise and has not been disposed of evolve on the surviving spouse the heirs of the deceased spouse.
NANCE NO. . 1 OF 1911 eritance (Jaffna) Ordinance
f the surviving spouse in the e right of inheritance is divided Ect :
s of children grant sale and as follows :-
-, and remoter descendants are -te of the parents, or the children e child or remoter issues of a

Page 80
In Aiyadurai Vs. Kathiras Reports, page 493.
Parents :
In Murugesupillai Vs. Mi Reports, page 87 It was held u who was given a dowry on h the death of her mother did ) her right to her share of her which vested in her by operati Matrimonial Rights and inheri it stood prior to its amendm
No. 58 of 1957.
In Arunasalam Vs. Aiyadura page 156 A person who was sub in 1949. In 1957 during the purchased a land in his favou a loan in respect of which h severally liable. As security property which he purchased lands which she had received her marriage. The wife die leaving behind as her heirs
a sister.
Held that the property category of Thediatheddam entitled to it.
Held further, that one ha property which belonged to 1 theddam devolved on the heir (23) of the Jaffna Matrimonial One half of the remaining hal the deceased and uncler Sec devolved equally on the broth
In Ponniah Vs. Paramanath þage 134 Devolution of prop Thesawalamai on the death, a
Under Part I paragraph i: on the death of a woman • leaving sons by first marriage property she received as do exclusively to the sons of the

64 ipillai reported in 60 New Law
uttiah, reported in 65 New Law nder the Tesawalamai a daughter er marriage that took place after not, by accepting the dowry. lose deceased mother's Thediatheddam on of Section 20 (2) of the Jaffna tance Ordinance in the form which Icnt by Section (6) of Ordinance
li reported in 70 New Law Reports, vject to the Thesawalamai married e subsistence of the marriage he r out of monies raised by way of e and his wife were jointly and for the loan he mortgaged the | and the wife mortgaged certain
by way of dowry at the time of ed in 1959 intestate and issuless e her father, two brothers and
bought in 1957 fell under the and both spouses were equally
If of the half share of the acquired he deceased wife as her Thedais of the deceased. Under Section
Rights and Inheritence Ordinance f share devolved on the father of etion (26) the balance half share
ers and sister of the deceased.
r, reported in 63 New Law Reports, erty of a woman governed by fter her second marriage.
p of the Thesawalamai Regulation, vho has married a second time,
and a daughter by the 2nd, the wry on her first marriage goes first marriage.

Page 81
65
The children and remoter d of the property the deceased deriv
one-half of the remainder of the es of the property derived from the surviving, shall inherit.
The whole of the property tl mother's side and one-half of the i deceased (exclusive of the property the mother, if surviving, shall inherit
Brothers and Sisters :
Father failing, the property of father's side and one-half of the rei (exclusive of that derived from the upon the intestate's full brothers a brothers and half-sisters related to the father, in equal shares, and the representation, or only on half-bro to the intestate by the side of tl representation, if there are no full issue.
Mother failing, the property of mother's side and one-half of the estate (exclusive of that derived from upon the intestate's full brothers a brothers and half-sisters related to t
mother, in equal shares, and their representation, or only on half-br to the intestate by the side of th representation, if there are no full issue.
Grandparents :
All the persons above enum derived by the intestate from the fa remainder of the intestate's estate (ex from the mother's side) shall devolv or grandparents of the intestate, if on paternal uncles and aunts and tł and aunts by representation ; pat their issues failing, on the great-gran per capita, if surviving ; and failing sisters of the paternal grandparer

escendants failing, the whole ved from the father's side and
tate of the deceased (exclusive
mother's side) the father, if
he deceased derived from the remainder of the estate of the derived from the father's side)
the intestate derived from the mainder of the intestate estate e mother's side) shall devolve nd sisters as well as upon half
the intestate by the side of cir children and other issue by others and half-sisters related he father and their issue by brothers and sisters or their
E the intestate derived from the = remainder of the intestate's - the father's side) shall devolve and sisters as well as on halfEhe intestate by the side of the - children and other issue by others and half-sisters related Le mother and their issue by
brothers and sisters or their
nerated failing, the property ther's side and one-half of the =clusive of the property derived e on the paternal grandparent
surviving ; and failing them, ne issues of the paternal uncles cernal uncles, and aunts and adparent or great-grandparents E them, on the brothers and nts and their descendants, if

Page 82
surviving ; afterwards on the nearest in the ascending line of representation, if surviving.
In this connection please page 47, Thiagarajah Vs. Parano that according to the princip property inherited by a child fr death of the child, intestate, wi its father surviving, to the me father. This decision was af reported in 11 NLR at page 34. Tesawalamai, property inherite on the death of the child, to the father.
Uncles and Aunts :
The property derived fro of the remainder of the intestat from the father's side) shall de or grandparents, if surviving uncles and aunts and the issue by representation ; maternal i failing, on the great-grandpare if surviving ; and failing them
maternal grandparents and afterwards on the brothers and ascending line of the mother and who may be surviving.
Remote relations :
(1) On failure of kindre derived from that side shall dev n the order mentioned in the pi
(2) On failure of kindrer derived from that side shall der n the order prescribed in the fc
Surviving Spouse :
All the persons above enum goes to the surviving spouse, if a:

66
brothers and sisters of the next the father and their descendants by
see the case reported in 11 NLR, hothipillai. It was held in the case Les laid down in the Tesawalamai om its deceased mother, goes on the thout brothers or sisters, but leaving other's next of kin and not to the irmed in review and the case is 5 it was held that according to the :d by a child from its mother goes, : mother's next of kin and not to the
m the mother's side and one-half e's estate (exclusive of that derived volve on the maternal grandparent ; and failing them, on maternal e of the maternal uncles and aunts uncles and aunts and their issues ent or great-grandparents per capita > on the brother and sisters of the their descendants, if surviving ; a sisters of the next nearest in the I their descendants by representation
d on the father's side, property olve on the mother and her kindred
eceding sections.
I on the mother's side, property -olve on the father and his kindred
regoing sections.
erated failing, the entire inheritance

Page 83
Crown :
When an illegitimate pei descendants, his or her proper to the heirs of the mother so as
Collation :
Children or grandchildrei their brothers and sisters heirs abandon all right to inherit as into hotchpot or collation all deceased parents above the ot] on the occasion of their marria in life, unless it can be prove expressly or impliedly released i
Dr. H. W. Tambiah in his Tamils of Jaffna states as follow
“This section is tak Matrimonial Rights and interpretation placed on S
would equally apply to Se and Inheritance Ordinan
Meenatchi, in construing Matrimonial Rights and I Court took the view that th was superseded by Sectior. and now collation is nece property to his children e
marriage, or (2) to advanc Illegitimate Children :
Illegitimate children shall i mother, but not that of their fath
Under category "Descenc nathar, Reports in 37, NLR, page Jaffna Matrimonial Rights and 1911, a husband mortgaged mortgagee, after the death of th making the minor heirs of the v to the action—held that the hei Decree.
In the absence of any sta Roman-Dutch Law are applica

67
son leaves no surviving spouse or y will go to the mother, and then to exclude the Crown.
i by representation becoming with to the deceased parents, unless they heirs ab intestato, are bound to bring that they have received from their ners by way of dowry or otherwise ge, or to advance or establish them ed that the deceased parent either any property so given from collation book, the Laws and Customs of the
IS :
en verbatim from Section 35 of the
Inheritance Ordinance and the Section 35 of the latter Ordinance ction 33 of the Matrimonial Rights nce (Jaffna). In Vaithianathan Vs. the corresponding section of the nheritance Ordinance the Supreme e Roman-Dutch Law as to collation I 39 of Ordinance No. 15 of 1879 essary only when the parent gives cither (1) on the occasion of their e, or (3) to establish them in life”.
nherit the property of their intestate
ler.
lants”-In Ambalavanar Vs. Karu
286, it was held—where, after the | Inheritance Ordinance, No. 1 of
Thediatettam property and the e wife, put the bond in suit, without vife, who were in possession, parties Cs were not bound by the Mortgage
tutory provisions the principles of ble.

Page 84
68
Referes
Jaffna Matrimonial Rights and Inherita 11 NLR, page 47; Thiagarajah Vs. Paranjothipillai ; Dr. H. W. Tambiah–Laws and Custo 36 NLR, page 286 ; Ambalavanar Vs. Kurunathar ; 37 NLR 70; 23 NLR 97 ; Aiyadurai Vs. Kumarapillai 60 NLR, Ponniah Vs. Paramanather 63 NLR,
Murugesupillai Vs. Muttiah 65 NLR Murugesu Vs. Subramaniam 69 NLR. Arunasalam Vs. Aiyadurai 70 NLR,

-ces
nce Ordinance ;
ns--Chapters 14 and 16 ;
493
734 - 87 - 532
165

Page 85
CHAPTE
SERVITUDES–LEASES
Servitudes
--Interest in pro
-Right over ove --Servitudes of
for fencing
Leases
—Law of Lease Planter's Interest –Rights of a cu
—Rights of a pe
Otti Mortgage
--Influence of -Definition.
-Rights and O. --Rights and di
-Termination o -The Mortgag.
SUBJE
“The third sort of real rights right of servitude, whereby an inhe land is bound or subject to the house or land or again the serviti to a person”. A servitude can In the case of Vallipuram Vs. Santhan it was contended that according adjoining land owners should not fruit trees along the boundary of ce of i Kole (a measure equal to 4 y: the evidence of the existence of this: it was held that a custom did not e
RIGHTS OVER OVE Part III, Section 3 of the follows:
"If anyone plants on ) any fruit bearing trees which deal of trouble and if by crook branches grow on or over the

З VIII
-OTTI MORTGAGE
perty. rhanging trees. crossing into the neighbour's land with Olas.
-Owner. rson other than a co-owner.
Coman-Dutch Law.
bligations of parties. ities of Mortgagor. f Otti. e Action.
СТ
” says Van Der Linden “is the eritance whether it be a house or convenience of a neighbouring ade or use may be of the thing also be established by custom am (reported in 1, C. W.R. page 69) to a long established custom plant coconut plants and other ertain fields except at a distance ards) from that boundary. But restraint was uncertain. Hence, xist.
RHANGING TREES
Tesawalamai Code states as
ais ground near the boundaries
must be cultivated with a great ed growth the tree or any of the neighbours grounds, the fruits of

Page 86
such tree nevertheless rer planter, without his neighb the fruits of the branches but if any trees such as Tai up by themselves without h having been taken, in such whose grounds they oversha
The Roman-Dutch Law C Tesawalamai. In the case of 3 Balasunderam Report 64) the P the Defendant in which he clain of a jak tree that was standing o was overhanging the Plaintiff's ] It was contended that the Roma that the Plaintiff would be just overhanging his land and if he wa entitled to the fruits which han that the Tesawalamai applied an in the case of trees which are culti the fruits on the branches overha planter and a neighbour has no or to cut down the branches.
The ruling in this case was Koch. A description seems to trees and wild and uncultivated t
The position could be summa
(1) If the branches of a C
land, the owner of th and also the fruits on joining land over whi right to the fruits nor of the tree to lop the b.
(2) If the branches of a t
overhang anothers lan and the fruits borne owner of the land ov and he is even entitle owner of the tree car branches except wher a tree bearing fruits.

nain the entire property of the pur having common right to claim
which overhang over his ground narind, Illupai and Margosa grow aving been planted or any trouble case the fruit belongs to the person
dow”.
n this point is not the same as Kandasamy Vs. Mylvaganam (1905, laintiff brought an action against med that the overhanging branches n the Defendant’s land and which and should be ordered to be cut. n-Dutch Law was applicable and ified in lopping off the branches s not inclined to do so he would be g over. It was held in this case ed that under this system of Law, ivated with a great deal of trouble, nging anothers land belong to the right to claim or to take them
I affirmed by Dalton, S.P.J. and
be drawn between cultivated rees.
rised in the following way :
cultivated tree overhang anothers e tree is entitled to the branches
them and the owner of the ad:h the branches overhang has no can he cut nor compel the owner ranches which overhang.
ree which requires no cultivation I, the branches which so overhang by such branches belong to the r which the branches overhang, I to cut such branches. But the
also cut all these overhanging the tree is a Margosa tree or

Page 87
CON
Roman Law
Where the branches of a tre overhang the property another, the latter could n cut down without first obtair ing an interdict from th Praetor. The branches can on be cut after the neighbour ha been warned to cut them an he had refused to do so.
THE SERVITUDE OF CR
LAND FOR FE
In Chinnappa Vs. Kanakar page 157, it was held that the to cross over into his neight with olas whenever his fence one in the Jaffna District and I
This is a custom which nature of a servitude. It is a right of doing something upon the doer. In Narasingam Vs. 415, it was held that the owne titled to enter an adjacent lan order to gather the dry leaves tree.
LAW
Section 7 of Part IX of as follows:
“When any person previous agreement, wh from the harvest to the signifies the ground duty part of the profits, except i the proprietor previously. give a fixed quantity to t to fail in the year for v the sower need not pay to upon ; but in case the { which the sower now re;

(PARISON
Tesawalamai
e Under the Roman-Dutch Law, no of right of servitude can be claimed it in respect of an overhanging - tree. This peculiar servitude e known to Tesawalamai has no y counterpart in the Roman-Dutch d Law.
OSSING INTO A NEIGHBOUR'S
NCING WITH OLAS
reported in 13 New Law Reports, custom which permits a land-owner pour's land for screening his fence
gets out of repair is an inveterate has the force of Law.
has the force of Law and is of the - servitude because it consists of the the land of another for the benefit of Sinnathamby, 62, New Larw Reports, r of a tree (or live fence) is not end belonging to another person in which have fallen there from that
OF LEASE
the Tesawalamai Regulation reads
Sows the fields of another without a at quantity the sower shall give
proprietor the taraivaram, which , and is calculated to be one-third he tenth part, which is to be given to
And when the sower has agreed to he proprietor and the crop happens -hich the contract has been made, - the proprietor the quantity agreed ther inhabitants of the village (in ides) have all had a good harvest,

Page 88
72
then the sower of the above such a quantity to the proprieto because in such an event the f sowed by him is attributed to h should it happen that he has ha the other inhabitants of his proprietor of the ground must produced by the field, and may the sower".
The Law of Lease in the No as the Law of Lease under the Roma
PLANTER'S IN A planter's share is generally acq or by prescription. Planter's inte operation of Law under Tesawalama
The Rights of a Co-owner states :
“If two or more person: ground without having divided with a fence so much as he think division and plants thereon con trees, and the other shareholders to their shares of the ground un to reap the fruits of his labours, covetousness or to plague and dis share in the profits without eve and customs clearly adjudge sucl acquired them by his labour an case (not being able to obtai request to divide the ground to person ; such division may not i taken in making it that the par falls to the share of the brother that the unplanted part falls to proprietors, unless they wish toj ground and give one another tin of trees and by proper attention in which case the re-partition mus ing who has planted the ground’” 1. He must plant within an ar
in the common land.
The other shareholders any money or labour in pla

description is obliged to pay r as was agreed upon by him, ailure of the crop of the field s laziness and negligence ; yet la tolerably good harvest and Fillage a bad one, then the be satisfied with the quantity not claim anything more from
rthern Province is the same n-Dutch Law.
TEREST
uired by a notarial instrument erest could be acquired by
C.The Tesawalamai Code
s possess together a piece of
it and one of them encloses s he would be entitled to on a onut and other fruit-bearing do not expend or do anything til the industrious one begins
when the other, either from tort, come and want to have a n considering that their laws i fruits to the person who has d industry. When in such a 1 the fruits) they generally
know what belongs to each pe refused ; but care must be t which has been so planted
who planted the same, and the share of the other joint put off the re-partition of the ne to plant an equal number i to get them to bear fruit, t be general without consider
ea proportionate to the share
should not have expended ating that area.

Page 89
A joint owner of land is of the common property propo purpose for which the land is in
Rights of a Person oth land. The rights of a person in the Tesawalamai Regulatio
“If a person has no on which to plant cocon another man’s ground, he the trees planted by him furnished the plants, and the plants, the planter get ground the other two-th been at an equal expense to an equal share of the fr takes place in the Provi provinces they know bette to let strangers plant coC squeezes out his pananka kernel in order to obtain forgets some of them w] trees bearing fruits, the the property of the own grown of themselves withc having been taken.”
In Saibo Vs. Baba, 19, Ne was held to have been entitle by him until he was compensat lessee who makes improveme is entitled to compensation, but a planter who is admitted not in the same precarious posi
отті
Otti Mortgage is a form Usufructuary Mortgage know. by the pactum antichresis and ma gage peculiar in the Northern land could only be redeemed : to the type of cultivation of the Otti. In a Otti Mortgage th whole of the produce in lieu of

entitled to make a reasonable use ortionate to his share therein for the atended.
er than a Co-owner planting the
who plants anothers land are stated n as follows:
t a proper piece of ground of his own ut trees and is alleged to do it on
gets two-thirds of the fruits which produce, provided that he himself if the owner of the ground supplies s but one-third and the owner of the irds. If, however, they have both for the plants, then they are entitled uits and trees. This division mostly ince of Tenmaratchi, for in other r how to employ their grounds than conut trees thereon. If a labourer Lys (palmyrah fruits) and sows the
plants ; and on digging them out nich afterwards become full-grown fruits which they produce remain er of the ground, the trees having but trouble (such as watering them)
ew Law Reports, Page 441, a planter
d to retain possession of a well dug Ced. In this case it was stated that a ents with the consent of the lessor
though perhaps not to retention to be entitled to a planter's share is etion as a lessee.
MORTGAGE
1 of Usufructuary Mortgage. The n to Roman-Dutch Law is created ay be compared with the Otti Mort
Province. In a Otti Mortgage the at certain periods varying according e land which is the subject matter of e Mortgagee is entitled to take the interest.

Page 90
74
Otti may be defined as a U. situated in the Northern Province of money or other legal considera of interest the Mortgagee should and that it should be redeemable year after due notice has been g Jaffna would be governed by the la The Otti Bond is only redeemable af and at a particular period.
Capacity.—A married woman the consent of her husband. A m immovable property without consen
Form.--Immovable property The mortgage of immovable prope executed.
RIGHTS AND OBLIGATI
The Tesawalamai Code state follows:
"Yet should the mortga land or garden mortgaged to hi yielding so much profit as the i the lands have been mortgaged get rid of the same and to re obliged in that case to wait for garden and lands have been o mortgagor and if the mortgagor or garden in that case the same heirs who may then purchase si same are worth more than the mortgaged, but should they no1 gagee must then extend and advanced by him, provided he is thereof by the title deed drawn u
Duties of the Mortgagee.-- remains in possession of the property duties. The Mortgagee should cul the rights of “bonus pater familias”.
Mortgagee must deliver the land te condition in which it was delivered i

sufructuary Mortgage of land
of Ceylon for a definite sum cion, on condition that in lieu take the produce of the land at certain fixed periods of the ven. Whoever owns land in N pertaining to Otti Mortgage. ter due notice to the Mortgagee
cannot Otti her lands without minor cannot sell or mortgage i of Court.
may be ottied, even verbally. erty will have to be notarialy
IONS OF PARTIES
s the law on the subject as
gee conceive a dislike to the im on account of the same not nterest of the money for which
and should therefore wish to cover his money, he shall be
his money one year after the lelivered to the proprietor or is unable to redeem such land
may be offered for sale to his ich land or garden in case the e amount for which they are t be worth so much the mort
keep the same for the sum ; confined in the full possession ip in proper form.”
The Mortgagee so long as he | has to pay all taxes and land ltivate the land and exercise Dn redemption of the land the ) the Mortgagor in the same to him.

Page 91
75
RIGHTS AND DUTIES O
1. The right of redemption. 2. Duties of the Mortgagor :
Mortgagor must give Mortgagee and shoul possession of the Mort
(6) It is the duty of the
borrowed by him whe
TERMINATION
1. On payment.
2. On merger.
3. Set off.
4. Release.
5. Novation.
Referer
1. The Laws and Customs of the Tamil
page 261. 2. Walter Pereira’s Laws of Ceylon. 3. 37 New Law Report, page 324. S 4. Saibo Vs. Baba--19 New Law Rep

F THE MORTGAGOR
possession of the land to the d not in anyway disturb the gagee.
Mortgagor to pay the amount 1 called upon to do so.
OF OTTI
ces
Es of Jaffna by Dr. H. W. Tambiah,
untharam Vs. Sinnathamby. orts, page 441.

Page 92
CHAP LAW OF P
The Origin of Pre-emption. The Nature of Pre-emption. The Definition of Pre-emption.
Heirs-Co-owners. Preference among Persons entitled to
Notice of Sale. Rights and Obligations of Seller an Termination of the Rights of Pre-en The Pre-emption action. The Tesawalamai Pre-emption Ord Procedure for enforcing the Right of
SUI THE ORIGIN
In Ceylon the question custom of pre-emption was ir of conjecture. Dr. Tambiah in of the Tamils in Jaffna" states : was brought by the early se recognised the institution at the
COMI
Under Mohammedan Law
1. The right of pre-emption i
under the Mohammedan Law was given by the Hanafi Law to co-sharers.
2. The right of pre-emption 2
arises when there is a sale of property and does not arise when the land is transferred without consideration or by an operation of law.

TER IX RE-EMPTION
- Pre-emption.
d Pre-emptor. iption.
нinance.
Pre-emption.
BJECT
OF PRE-EMPTION
as to whether the Mohammedan antroduced into Jaffna is a matter a his book "The Laws and Customs
"It is submitted that pre-emption ttlers whose customary laws had
time of the colonization."
PARISON
Under Tesawalamai
Under the old Tesawalamai this right was given to cosharers, adjacent land-owners and persons who had an otti mortgage over the property in question.
. In Tesawalamai the position is
identical.

Page 93
3. The pre-emptor cannot 3.
assert his claim if he has
waived it.
4. The land only can form the 4.
subject matter of preemption.
5. The price that has to be 5.
paid by the pre-emptor is the market value of the land at the time of the sale.
Under the Roman-Dutch ] know as jus retractus. Wessel Dutch Larw—states : “the origi subject matter of considerable d: form of nassting (legal right of blood relation of the seller has a the purchaser for the same price t
In Ceylon nassting has not be Dutch Law.
THE NATURE O
In this connection, I would : Law Reports, page 492, Vyramuti Justice Akbar stated '... Law of Tesawalamai, it is quite the rules under the Roman-Du right which was known as jus from that case that he consult
Vote. Book XVIII, Title III, Sec follows:
“For this right arisii the things themselves, as on alienation to the prejudice o and such prohibition imposer itself so that both an actioi are available in respect of ju personal action but framed i right of retraction has once

-7
After due notice of the sale or after the pre-emptor has any knowledge of the sale he waives. his right, he cannot claim this right any more.
The position is the same.
The legal position is the same.
Law, the right of pre-emption is at page 105--History of Roman n of this custom has been the ispute . . . . . . . . . A favourite retractus) was that by which a right to claim the property from he latter paid for it.”
een brought over from the Roman
OF PRE-EMPTION
refer to a case reported in 30 New Eu Vs. Periyatamby. In this case .... in the interpretation of the competent to the Court to follow tch Law in regard to a similar retractus legalis. It will be seen ed Mr. Berwick's translation of ction 24 of the translation states as
ng from the law of usage effects -e involving a prohibition against of the cognate of the last possessor d by the law followed the property n rem and an action in personam Es retractus or according to some a n rem. And, moreover, when the e been acquied by a cognate in

Page 94
respect of the first sale, he ca of a third party, such as by purchaser and a stranger.”
I would also like to refer nathan Vs. Ramanathan Chetty, 4 Neu Thambiah, 7, New Law Reports, pa 25 New Law Reports, page 331.
From the passage of Voet ( is similar to a fidei commissum alienation. The passage of Vo under the Roman-Dutch Law t valid until it is retracted, which is of the Supreme Court in Kathire Court in a series of decisions has fidei commissum can be partitioned continue to be attached to the The right of pre-emption, as Vo to the land and which pass along
Primary and Remedial Right.--T of two rules : (1) a primary rig Chatterji had stated as follows :-
“I consider that the rig and primary right which is p emptor, and imposes a corres of the property which is th limitations of this right are i arises only on the happening it may be termed potential, and becomes actual when the into existence."
The primary right is inhere right arises on the sale of the primary right passes along with representatives and heirs. It is a property. The secondary right arises only on an infringement o sale to a stranger, and is personal property at the time of sale.
DEFINITION OF This is a right which the ow as such for the quiet enjoyment

annot be deprived of it by an act - a new contract between a first
to the following cases :-Tillaiv Law Reports, page 328, Suppiah Vs. ge 151 and Cathiresu Vs. Casinather
one would notice that this right containing a prohibition against et is a matter of importance as che sale to the first purchaser is s in conformity with the judgment esu Vs. Casinathar. The Supreme held that a land burdened with a I and that the fidei commissum will shares allotted by the partition. et says, is a right which attaches
with the land.
"he right of pre-emption consists ht, (2) a remedial right. Justice
ght of pre-emption is a substantive ossessed by, or interest in the pre-ponding obligation in the vendor ae subject of pre-emption. The many, and it comes into play or of a certain contingency. Thus, for want of a better expression, e necessary contingency has come
at to ownership. The secondary e pre-emptional property. The it to transferees, assignees, legal right attached to the pre-emptive is the right of substitution that f the primary right caused by a 1 to the owner of the pre-emptive
PRE-EMPTION
=ner of certain property possesses E of that property, to obtain in

Page 95
79
substitution for the buyer, proprie immovable property, not his own, such latter immovable property is :
In Ceylon, pre-emption unde as a right recognised by Tesawal: situated in the Northern Province CO-sharer, or adjacent land-owner in question, has the right to dem at a price which any bona fide puro same when the owner wishes to elements have to be considered :-
(1) It is a right over immo
Northern Province. I property situated in the of ownership.
(2) It is a right to co-owne
owners, who have a mor
(3) It only arises where the
his share of the land.
(4) There is no pre-emption
PERSONS ENTITLED TO THE
There are three classes (a) He land-owners who have a mortgage o
Heirs.--The Tesawalamai ( person had sold a piece of land, ga having given previous notice therec such of his neighbours whose gro and who might have the same in me neighbours were at liberty to cla of such lands". The term "heir?” who would become an heir on the
Co-owners.--similar to part pathy reported in 2 Times Report 1. in Section 7, Sub-Section 1 of th co-owner. The term "co-owner' plenum dominium over the land in I would refer you to the case o reported in 20 New Law Reports, page

tary possession of certain other on such terms as those in which sold to another person.
r Tesawalamai may be defined amai over immovable property of Ceylon by which a co-owner, who has a mortgage of the land and the seller to sell it to him haser is prepared to pay for the sell the same. The following
vable property situated in the t exists over all immovable Northern Province, irrespective
rs, partners and adjacent land'tgage.
owner wishes to sell the land or
where the sale is an invalid one.
RIGHT OF PRE-EMPTION
irs, (6) Co-owners, (C) Adjacent over it.
Code enacts that “when any rden, etc. to a stranger without of to his heirs or partners and to unds are adjacent to his land ortgage, such heirs, partners and im or demand the preference in the context means a person death of the intended vendor.
ners. In Seevaratnam Vs. Saba39 it was stated that "partner’” e Tesawalamai Code means a
is one who could exercise question. In this connection f Katiresapillai Vs. Kanagasabai
478:

Page 96
"Ennis, J., in the argument is that ownershi that if any one of these ri case of co-ownership. M Tesawalamai extends to all a lessee would fall under able to assign until he ha the lessor, who would har the counsel in this case a
Mr. Balasingham was not i of his proposition or to po except the word ‘partner' that the term is sufficiently emption to the extent to w
Adajacent Landowners third class are adjacent landov The plaintiff must be an adjac
mortgage over it.
PREFERENCE AMONG PERSO
If there are two or more p are entitled to pre-emption, th of them is entitled to preference when several persons are entitle the highest bidder will be entitl
ORDINANCE
(The Thesawalamai P
Restrictions on the rig in preference to all other person persons :
(1) the persons who a
vendor of the proper
(2) the persons who in
intending vendor wil
In Nagaratnam Vs. Shanmuga page 389 H. N. G. Fernando : amicable partition of land wit then be claimed on basis of c

80
course of his judgment says: The p consists of a group of rights, and ights is held by another, there is a ir. Balasingham contends that the I such. According to this argument
the definition, and would not be ad given notice of his intention to ve the right of pre-emption. Both gree that there is no such custom. able to cite any authority in support int to anything in the Tesawalamai in Section 7. I am unable to hold
explicit to extend the right of prehich the proposition would lead."
who have a Mortgage. The yners who have a mortgage over it. ent landowner and he must have a
ONS ENTITLED TO PRE-EMPTION
persons belonging to the classes who ne question arises whether any one e over the others. Under our Law ed to pre-empt and claim the right,
ed to it.
NO. 59 OF 47
re-emption Ordinance)
ght of pre-emption. The righ is shall be restricted to the following
re co-owners with the intending ty which is to be sold, and
the event of the intestacy of the 11 be his heirs.
zm, reported in 69 New Law Reports, SPJ and Sirimnane-Thesawalamai hout a deed-Presumption cannot -o-ownership.

Page 97
81
An action for presumption or not maintainable in respect of a s possessed and dealt with in divid among the share holders, with each In such a case, the absence of a not decisive.
The Ordinance defines “hei cendants, ascendants and collater: succession, and includes
(a) children, grandchildren :
(6) parents, grandparents (
maternal sides and great
(c) brothers and sisters whet
(d) uncles and aunts, and n
paternal and the matern or of the half-blood.
In Markandu Vs. Rajadurai, re page 394, the meaning of ‘heirs’ in :
Persons who claim to come v Pre-emption Ordinance No. 59 i condition that they would be hei he should then die intestate; that they must also satisfy the conditi ascendants, or collaterals within t.
The decision in Markandu Vs. Ponnudurai Vs. Sithamparapillai, 71 M
In Sittamparampillai Vs. Navara Reports, page 212, under the Thesa right of pre-emption of a land is e offering to buy the land at the ] purchaser. In such a case, he is by offering to buy the land at the ma
In Ponniah Vs. Ponniah reporte 415 where a co- owner exchanges
Mode of Publication of No 59 of 47 stated that notice of an ini entitled to the right of pre-emption

a the basis of co-ownership is hare of a land which has been ed lots by amicable partition others knowledge and consent. deed or plan of partition is
rs". "Heirs" mean all desals up to the third degree of
and great-grandchildren.
on both the paternal and the --grandparents on all sides.
her of the full or the half-blood.
ephews and nieces, both on the al sides, and whether of the full
=ported in 58 New Law Reports, section 2 was considered.
within section 2 (1) (b) of the of 1947, must first satisfy the rs of the intending vendor if condition having heen satisfied, on tbat they are descendants, he third degree of succession.
Rajadurai was not followed in "ew Law Reports, page 315.
etnam reported in 46, New Law awalamai, a person having the entitled to exercise the right by price actually paid for by the
not entitled to assert the right ırket value.
ed in 60 New Law Reports, page E property with a stranger. ptice. Section 5 of Ordinance tention to sell to any person not shall be signed by the intending

Page 98
vendor before a Notary Publ actual price offered by the p
Ulukesu, 70, New Law Reports, po deed of transfer on the ground was not given defences of estop suming that they are applicab unequivocal evidence. Such d in view of the prescribed forr prior to a sale by a co-owner emption being a right in land, must be notarially executed to
In Kasinathan Vs. Thamode Reports, page 241
Time limit for exercisi Within three weeks of the date the right of pre-emption is rese and buy the property or enter i
Procedure for enforci limit.--This is fully described
Time limit to action fo enforce a right of pre-emptio required by Section 5 was not irregular or defective shall be i actual purchaser of the land is i
purchase had the right of pre-er by him, or (2) if more than on registration of the purchaser's d
I would like to refer to a c: page 88, Mangaleswari Vs. Selva Law nor the Muslim Law is pa in regard to a question relating derive assistance from the law it is not in conflict with the prir
(i) It is not fundamental case that the pre-emptor shou had he in fact received the
means to purchase the property
(ii) That the point of time was the time at which the pre

82
ic. This notice shall set out the Crospective purchaser. Agathesu Vs. age 84. In an action to set aside a = that the notice prescribed by S. 5 -pel, waiver and acquiescence, as-le, must be proved by clear and efences, however, are inapplicable, nalities which have to be followed -. Furthermore, a right of prea release of a right to be pre-empt be of force or avail in law.
ramțillai reported in 63 New Law
ng the right by private treaty.--
of publication, the person to whom erved may either tender the amount ato an agreement to buy it.
ng the right within the time in Section 7.
r enforcing right.-No action to n on the ground that the notice given or that the notice given was nstituted or maintained—(1) if the also a person who at the time of the
nption over the property purchased se year has elapsed from the date of Leed of transfer.
ase reported in 63, New Law Reports,
durai. Neither the Roman Dutch -rt of the law of Thesawalamai, but, g to pre-emption it is permissible to s obtaining in those systems when nciples of Thesawalamai.
to the cause of action in such a ld establish by positive proof that, requisite notice, he had sufficinet
at the time it was sold.
e at which the cause of action arose --emptor came to know of the sale.

Page 99
This could be a considerable tim from the time at which the pr
notice.x
In Jeganathan Vs. Ramanathan
In Achchikuddy Vs. Krishnar r page 520 (H. N. G. Fernando SI
This is an action for pre-emp was transferred by a deed exec The plaint was filed on 20th No held that the provisions of Sectic case and that the plaintiff shoul ground upon which he claimed limitations created by Section g of Ordinance Ch. 64. For the rea to state the ground the learned :
Section 9 limits the time instituted or maintained, that
elapsed from the date of the regi of transfer action cannot be inst
When the objection taken was inquired into the, defendant deed had been registered but th deed had been registered in the registered and the wrong registra the provisions of Section 9 of C would not therefore be banned.
The plaintiff maintains that this land was some other earlier action he registered the lis pen folio as that in which the defen the plaintiff in addition had connect up with the former corre to think that in this way the thus become the correct one. T
wrong folio could subsequently be sort of acquiescence on the pa supported by the provisions in Ordinance as to what is the pro seems to have happened in this after the execution of the deed search found the registration of folio. Although his position is

e after the sale and still further e-emptor should have received
64 New Law Reports 289
eported in 69 New Law Reports, PJ and Thambiah J)
tion in respect of a land which cuted on 22nd of June 1959. IV. 1961. The learned DJ has on 44 of the CPC apply in this d have set out in his plaint the | exemption from the relevant ! the Thesawalamai Pre-emption son that the plaintiff has failed DJ has rejected his plaint.
within which action can be is if more than one year has istration of the purchaser's deed ituted.
by the defendants in this case s took up the position that their ne plaintiff maintained that the e wrong folio, it was not duly tion would not bring into effect Ch. 64 and the plaintiffs action
- the correct folio applicable to
folio but when he brought his dens of this action in the same dants deed was registered; but a cross-connection inserted to Ect folio. The learned DJ seems plaintiff adopted a wrong folio he idea that a registration in a ecome correct by reason of some -rt of some individual, is not the Registration of Documents per folio for registration. What
case is that the plaintiffs well came to know of it and on a the transaction in a particular that some other folio is the

Page 100
correct folio, he has taken the ] dents in the folio where the de on the part of the plaintiff can wrong folio into a correct one, v was nothing on the plaint to prescribed on the face of it, an for the application of Section rejecting the plaint is set aside the D.C. for further proceedings to the defendants to contend subs they actually registered. The folio. The plaintiff will be ent and also of the proceedings of g
In Mangaleswari Vs. Selvadurai page 88 (P. C.) : The plaintiff b ist defendant inherited as co-ov land under the last will of her September 1937 the Ist defenda 2nd defendant who in turn sold defendants. The plaintiff as a c persons entitled to pre-emption plaintiff did not become awar This action was instituted in A of pre-emption.
It was held : (i) that the pe of action arose was the time at know of the sale. This could b sale and still further from the should have received notice. (i a minor and the vendor is his knowledge of the sale should not
(iii) That when the pre-emp his natural guardian, the vendo not be imputed to the pre-emptor
TERMINATION OF THE
(1) By transfer of property to (2) By waiver. (3) By release.
Forfeiture. Frustration of contract of | By prescription---The ri
3 years after the cause of :
By operation of Law. (8) Merger.

precaution to register his depeneed was registered. This action inot convert what might be the -yhen the plaint was filed. There - indicate that the action was d therefore there is no reason 44 of the CPC. The order
and the record is returned to s to be taken. It will be open sequently that the foljo in which
deed is in effect, the correct itled to the costs of this appeal ath September 1963.
reported in 63 New Law Reports, -orn in 1930 and her father the vners in equal shares a certain
mother who died in 1935. In nt sold his I share of it to the the property to the grd and 4th D-Owner fell into the category of under the Thesawalamai. The e of the sale till January 1950. ugust 1950 to enforce her right
riod of time at which the cause
which The pre-emptor came to pe a considerable time after the time at which the pre-emptor i) that where the pre-emptor is
natural guardian the vendor's E be imputed to the pre-emptor. -tor is a minor and the vendor is 's knowledge of the sale should
RIGHT OF PRE-EMPTION
pre-emptor.
I sale. ght of pre-emption will be lost action arises.

Page 101
PRE-EMPTI
Jurisdiction.--Same as Se
Parties to the Action.--T defendants.
Decree.--The form of the d in Section 200 of the Civil Proce
When the action is to enforc of a particular sale of property, if the amount of purchase mon the decree shall specify a day on and shall declare that on paymen with the costs (if any) decreed obtain possession of the property are not so paid on or before su which shall have been allowed shall stand dismissed with costs.
Appeal.—Every judgment i Since it involves an interest in la judgment is from a Court of Re
Refer
1. The Laws and Customs of the T
Chapter 21 and 22. 2. Ordinance 59 of 47. 3. 7 New Law Reports, page 15
32 New Law Reports, page 2 4. 60 New Law Reports, page 4. 5. 63 New Law Reports, page 8 6. 63 New Law Reports, page 2. 7. 63 New Law Reports, page 2.
Pillai 8. 64 New Law Reports, page 2 9. 69 New Law Reports. page 3. 10. 64 New Law Reports, page 5. 11. 70 New Law Reports, page 84

35
ON ACTION
ction g of Civil Procedure Code.
"he seller and purchaser are made
Lecree for pre-emption is contained
dure Code.
e a right of pre-emption in respect and the Court finds for Plaintiff, ey has not been paid into Court, or before which it shall be so paid, t of such purchase money, together a against him, the Plaintiff shall , but that if such money and costs ach day or any extension thereof, for good cause shown, the action
n a pre-emption case is appealable. nd, no leave is necessary when the quests.
rences
amils of Jaffna by H. W. Tambiah --
F1, 46 New Law Reports, page 162 P11, 7 New Law Reports, page 157. 15 Ponniah Vs. Ponniah 3 Mangaleswari Vs. Selladurai 12 Joseph Vs. Joseph 41 Kasinathan Vs. Thamodharam
89 Jeganathan Vs. Ramanathan 89 Nagaratnam Vs. Shanmugam 20 Achchikuddi Vs. Krishnar 4 Agathesn Vs. Ulukesu

Page 102
CHAPT. THE LAW OF
Sale.
Pawn, Hire and Exchange. Loans of Money. Suretyship.
SA
The Tesawalamai Code state
“It is customary und land which has been mort another, for which sale, aco proper title deeds are grant is unable to discharge the am in consequence thereof pays that part of the purchase-m which the land has been mo same in possession of the fo for which it was mortgaged b new purchaser has the means said land has been mortg: creates many disputes, as sums of money are not disc eight, nine, or ten and more opinion (yet submitting mi passing of title deeds with fully discharged should be i should be given that in cas the mortgage deed made pre should be repealed, and that the name of the purchaser repealed.”
As regards sales of cattle, se section of sales of cattle.
Pawn.--If any jewels or v and the pawnee uses them for hi Code states that he forfeits his inte

ER X
OBLIGATIONS
LE
s as follows:
der this nation that a piece of gaged to one person is sold to cording to the above-cited order ed, although the new purchaser 1ount of the purchase-money, and s immediately to the seller only Loney which exceeds the sum for rtgaged and afterwards leaves the ormer mortgagee for the amount py the former proprietor, until the s to pay the amount for which the aged. This manner of dealing it occurs very often that such charged before the expiration of
years, on which account I am of ne to wiser judgment) that the but the purchase amount being permitted or at least that orders es of the above-described nature eviously in the name of the seller t a new one should be passed in instead of that which has been
e the Tesawalamai Code on the
vrought gold has been pawned s personal use, the Tesawalamai rest for that period.

Page 103
Hire.--The Tesawalamai 0 has hired one or more beasts i proprietor of such beasts is not has hired the same with fresh ! become sick or happen to die du to plough the land. In case any beasts for his use with the free co to the custom of the country, ma any indemnification for such of broken their legs, but must cor consequently bear the same.”
Exchange.—The Tesawalan case any person wishes to exchang kollu, rice, and cadjan must be because they bear the same pri change paddy for varaku must g for one parai of paddy."
DONA
The provisions in the Tesar gifts were regarded as the separat the gift was made but any profi subject-matter of the gift was re of both spouses.
Under the Matrimonial Ri (Jaffna) if the gift is made by rel: property so gifted is regarded as by the relatives of the mother property.
LOANS C See Part IX of the Code.
When a person lends money to exceed the principal, the debt exceeding the principal.
SURE
The Law governing Sure Roman-Dutch Law.
Refe 1. See the Laws and Customs of
Tambiah, Chapters 23-27. 2. Tesawalamai Code.

37
lode states : “When any person n order to plough his land, the obliged to furnish the person who beasts in case such as were hired ring the time that they were used person borrows from another any nsent of the proprietor, according y not demand from the borrower 'the beasts as are hurt or have isider the loss as accidental and
nai Code, Section 6 states : ‘In ge grain, paddy, cham, kurakkan, exchanged for an equal quantity, ze, but any person wishing to exive one and a half parai of varaku
TIONS
valamai Code make it clear that te property of the spouse to whom its or proceeds obtained from the egarded as the acquired property
ights and Inheritance Ordinance atives on the father's side, then the s father's side property. If given , it is regarded as mother's side
OF MONEY
on interest and allows the interest or is not obliged to pay the interest
CYSHIP
yship throughout Ceylon is the
rences Ehe Tamils in Jaffna by Dr. H. W.

Page 104
APPEN LIST OF BOOKS AND SI
Ancient Law by Sir Henry Sumne
pages II and 12.
Balasingham's Law on Persons, V Balasingham's Laws of Ceylon, V Buckland_Roman Law, 2nd Edit Ceylon Legislative Enactments, C
Ceylon Legislative Enactments Or
Ceylon Legislative Enactments, Se Dicey on Conflict of Laws, 3rd Ed
Jaffna Matrimonial Rights and
58 CLE. Jaffna Matrimonial Rights and Inl
Jaffna Matrimonial Rights and In
Laws and Customs of the Tamils
Chapters 8 and 9.
Laws and Customs of the Tamils o
Chapters 14 and 16.
Laws and Customs of the Tamil:
Dr. H. W. Tambiah.
Laws and Customs of the Tamils o
Tambiah.
Laws and Customs of the Tamils
Tambiah.
Laws and Customs of the Tamil
Dr. H. W. Tambiah.
Laws and Customs of the Tamils
Dr. H. W. Tambiah.

EDIX I TATUTES REFERRED TO
r Maine, 1907 Edition, Chapter 1,
Polume 1, page 165.
olume 2, Chapter 11.
zion, pages 67 and 68.
hapter 79.
dinance I of 1911, Chapter 48.
ctions 2, 3 and 4, Chapter 63. ition, page 84.
Inheritance Ordinance, Chapter
heritance Ordinance No. 50 of 47. heritance Ordinance. of Jaffna by Dr. H. W. Tambiah,
Ice
Ice.
of Jaffna by Dr. H. W. Tambiah,
s of Jaffna, pages 22 and 23 by
of Jaffna, Chapter 7 by Dr. H. W.
of Jaffna, page 261 by Dr. H. W.
Is of Jaffna, pages 75 to 97 by
of Jaffna, Chapters 21 and 22 by

Page 105
Ordinance 59 of 47.
Ramanathan Reports, page 94.
Regulation of 1821. Regulation 18 of 1806.
Roman Law, 4th Edition-Wills
Section 6 of Ordinance 21 of 184 Sessional Paper 3 of 1930.
Simon Casie Chitty's Works, 1934
Sinhalese Laws and Customs by i
Tesawalamai Code.
Tesawalamai Code, Chapter 51.
Walter Pereira, Volume 1, Instit
Edition, page 4. Walter Pereira, page 215. Walter Pereira, Laws of Ceylon, p

and Olivers.
4 Edition.
Dr. F. A. Hayley.
cutes of the Laws of Ceylon, 1901
age 185.

Page 106
90
APPEN LIST OF C
Achchikuddy Vs. Krishnar, 69 Ne Agathesu Vs. Ulukesu, 70 New L Aiyadurai Vs. Kathirasipillai, 6o Ambalavanar Vs. Karunathan, 37 Ambalavanar Vs. Ponnamma, 42, Arunasalam Vs. Ayadurai, 70, N Annapillai Vs. Saravanamuttu, 40 Avitchy Chettiar Vs. Rasamma, :
313 Chelliah Vs. Sinnatamby, 40, Ne
Chellappa Vs. Kumarasamy, 18,
Chellappah Vs. Arumugam, 1905
Chellapa Vs. Kanapathy, 17, Ne Chetty Vs. Chetty, 37, New Law Croos Vs. Vincent, 22, New Law De Cross Vs. Fernando, 3, New I Durairajah Vs. Mailvaganam, 59 Fernando Vs. Proctor, 12, New I
Iya Mattayer Vs. Kanapathipilla
Page 301
Jeganathan Vs. Ramanathan, 64
Jayasekera Vs. Wanigaratne, 12, Joseph Vs. Joseph, 63, New Law

DIX II
ASES CITED
PAGE
83
w Law Reports, Page 520 ... aw Reports, 84 Page
82
New Law Reports, Page 493 64
, NLR. Page 286
67
New Law Reports, Page 289 30 ew Law Reports, Page 165 47 ), New Law Reports, Page i 30 35, New Law Reports, Page
... 46 w Law Reports, Page 572 48
New Law Reports, Page 435 43 5, Tambiah, Page 145 ew Law Reports, Page 295
Reports, Page 253
Reports, Page 151
Law Reports, Page 348
, New Law Reports, 540 Page 49 -aw Reports, Page 309 i, 29, New Law Reports
I2
. New Law Reports, Page 289 83
Tew Law Reports, Page 364... 41
Reports, Page 212
81

Page 107
Kanapathipillai Vs. Sevakolunth
484
Kandiah Vs. Saraswathy, 54, Ne
Karthigesu Vs. Parupathy, 46, N
Kasipillai Vs. Theivanaipillai, 5 Kasinathan Vs. Thamotherampil
The King Vs. Perumal, 14, New
Lalchand Vs. Saravanamuttu, 36
Lebbe Vs. Christie, 18, New La Mailvaganam Vs. Kandiah, 32, Marie Cangany Vs. Karuppasam 10, New Law Reports 79 Marshall Vs. Savari, 1, S.C. Cas
Markandu Vs. Rajadurai, 58, N Murugesu Vs. Subramaniam, 69
Murugesapillai Vs. Muttiah, 65,
Murugesu Vs. Kasinathan, 25, :
Nagaratnam Vs. Shanmugam, 6 Nalliah Vs. Ponnamma, 22, New Parasakutty Ammal Vs. Settupilla
| 271
Ponnachi Vs. Vallipuram, 25, Ne
Ponniah Vs. Paramanathar, 63,
Ponnammah Vs. Kanagasuriam,
257

PAGE
u, 14, New Law Reports, Page
w Law Reports, Page 137 ... 12 sew Law Reports, Page 162...
3, New Law Reports, Page, 187 46
lai, 63, New Law Reports, 241 82
Law Reports, Page 496 ... 10 , New Law Reports, Page 273
v Reports, Page 353
New Law Reports, Page 211
iy Cangany,
26
2I I
es, Page 9
12 ew Law Reports, Page 394 81 , New Law Reports, Page 532 63 New Law Reports, Page 87 64
New Law Reports, Page 201 45
9, New Law Reports, Page 389 80 - Law Reports, Page 198 ... 46 ai, 3, New Law Reports, Page
... 50
ew Law Reports, Page 151 ... 45 New Law Reports, Page 134 64
19, New Law Reports, Page
... 45

Page 108
Ponnupillai Vs. Cumaravetpillai, Page 241
Ponniah Vs. Ponniah, 60, New L.
Puthatamby Vs. Mailvaganam, 3,
Queen Vs. Ambalavanar--1 S.C.
Ratnamma Vs. Rasiah, 48, New 1 Sabapathy Vs. Mohamed Yoosoof,
70
Sabapathi Vs. Sivapirak asam, 8, Saibo Vs. Baba, 19, New Law Re
Saravanamuttu Vs. Nadarajah, 57.
Sastry Valaidar Aronegary Vs. Se
Law Reports, Page 322
Saunderanayagam Vs. Saunder:
Reports, Page 274 Seelachchy Vs. Visuvanathan Che
Page 97
Seelachchy Vs. Visuvanathan Che
Page 97
Seelachchy Vs. Visuvanathan o
Pages 117 and 118
Seethangani Ammal Vs. Eliyaperu
Page 87
Selvaratnam Vs. Ananda Velu, 42,
Seenivasagan Vs. Subramaniam,
542
Sinnathangachy Vs. Poopathy, 36,
Spencer Vs. Rajaratnam, 16, New

PAGE
65, New Law Reports,
... 51
aw Reports, Page 415
81
New Law Reports, Page 43... 3
R. 271
... 19
Law Reports, Page 475 ... 23 - 37, New Law Reports, Page
New Law Reports, Page 62 2
ports, Page 441
, New Law Reports, Page 332 5
embecutty Vaigalie, 2, New
... 24
anayagam, 20, New Law
... 10
etty, 23, New Law Reports,
38
etty, 23, New Law Reports,
hetty, 23, New Law Reports,
imal, 39, New Law Reports,
... 44 New Law Reports, Page 487 22
D5, New Law Reports, Page
New Law Reports, Page 103 40 Law Reports, Page 321 ... 8

Page 109
Suntharam Vs. Sinnathamby, 37,
Suppiah Vs. Thambiah, 7, New )
Suppiah Vs. Thambiah, 7, New ]
Thamotheram Vs. Nagalingam,
257
Tharmalingam Chetty Vs. Arun
Law Reports, Page 414 Theivanaipillai Vs. Nalliah, 65, Theivanapillai Vs. Ponniah, 17,
Thiagaraja Vs. Kurukal, 25, New
Thiagarajah Vs. Paranchothipill
Page 47
Valliammaipillai Vs. Ponnambal:
234
Velupillai Vs. Kadiravelu, 6, Tar
Velupillai Vs. Sittampalam, 1825
Page 114, Law and Customs of". Velupillai Vs. Sivakamipillai, 13, Vaithilingam Vs. Suriyavasagam, Vijayaratnam Vs. Rajadurai, 69,
Mangaleswari Vs. Selvadurai 63,

PAGE
New Law Reports, Page 324
Law Reports, Page 151
28
Law Reports, Page 157 31, New Law Reports, Page
... 46
ashalam Chettiar, 45, New
9
New Law Reports, Page 346 51
NLR. Page 437
... 30 Law Reports, Page 89 ... lai, 11, New Law Reports,
66
22
am, 2, Browne Report, Page
40
mbiah Report, Page 49
... 40
-76, Ramanathan Reports, Tamils of Jaffna, Thambiah... 12
New Law Reports, Page 74 12
-38, CLW 62
... 50
New Law Reports, Page 145 25 New Law Reports, Page 88 82

Page 110
APPEND
CHAPTI
MATRIMONIAL INHERITANC
AN ORDINANCE TO AMEND THE LAV
RIGHTS OF THE TAMILS WHO Al WALAMAI’’ WITH REGARD TO TANCE.
PART
PRELIMI
1. This Ordinance may be Rights and Inheritance Ordinar
| 2. This Ordinance shall appl the Tesawalamai applies, and it movable and immovable prope
3. (1) Whenever a woman to marries a man to whom the Tesaw not during the subsistence of th Tesawalamai.
(2) Whenever a woman to w apply marries a man to whom t. shall during the subsistence of
Tesawalamai.
PAR
MATRIMONIAL RIGHTS O
WITH REFERENC
4. The respective matrimon wife with regard to property or st of any marriage solemnized bef Ordinance, and all rights which an or become entitled to under or I shall (except where hereinafter i be governed by such law as wou if this Ordinance had not been

-IX III
ER 58
- RIGHTS AND CE (JAFFNA)
V RELATING TO THE MATRIMONIAL RE NOW GOVERNED BY THE “TESAPROPERTY AND LAW OF INHERI
-(17th July, 1911).
E I
NARY
cited as the Jaffna Matrimonial nce"
ly only to those Tamils to whom
shall apply in respect of their -rty whereever situate.
- whom the Tesawalamai applies alamai does not apply, she shall e marriage be subject to the
whom the Tesawalamai does not he Tesawa.amai does apply, she the marriage be subject to the
T II
F HUSBAND AND WIFE CE TO PROPERTY
nial rights of any husband and tatus arising under or by virtue ore the commencement of this y other person may have acquired by virtue of any such marriage, s otherwise expressly provided) ald have been applicable thereto
passed.

Page 111
5. The respective matrimon wife married after the commenc or in respect of movable or imm subsistence of such marriage, be g Ordinance.
6. All movable or immovat married after the commencemer entitled at the time of her marria subsistence of the marriage acqui gift or inheritance or by conversi may have been so entitled or whi entitled to, shall, subject and with will or settlement affecting the sa separate estate, and shall not be li of her husband, unless incurred tion, upkeep, repairs, manageme perty, or for or in regard to any by law in respect thereof, and 1 of her duly authorised agent sh rents, issues, and profits arising fi Such woman shall, subject and trusts as aforesaid, have as full ing with such property by any law sent of the husband in case of mo in the case of immovables, but n
out consent, as if she were ur
7. All movable or immovat married after the commencement at the time of his marriage, or, wl of the marriage acquire or becom heritance or by conversion of : have been so entitled or which entitled to, shall, subject and v any will or settlement affecting for his separate estate. Such hu prejudice to any such trusts as af ing of and dealing with such pro
8. If in any case in which quired by this Ordinance for tr with any property by the wife, husband or separated from him have lain in prison under a sen court for a period exceeding two of unsound mind or idiot, or his or if his consent is unreasonably

nial rights of every husband and cement of this Ordinance in, to, ovable property shall, during the governed by the provisions of this
ble property to which any woman nt of this Ordinance may be ge, or which she may during the re or become entitled to by way of on of any property to which she ch she may so acquire or become out prejudice to the trusts of any ime, belong to the woman for her able for the debts or engagements for or in respect of the cultivant, or improvement of such proI charges, rates, or taxes imposed ner receipts alone or the receipts all be a good discharge for the om or in respect of such property. ! without prejudice to any such power of disposing of and dealful act inter vivos without the convables, or with his written consent ot otherwise, or by last will withamarried.
ole property to which any husband
of this Ordinance may be entitled nich he may during the subsistence me entitled to by way of gift or inany property to which he may
he may so acquire or become without prejudice to the trusts of the same, belong to the husband sband shall, subject and without presaid, have full power of dispos
perty.
the consent of a husband is ree valid disposition of or dealing the wife shall be deserted by her - by mutual consent, or he shall tence or order of any competent - years, or if he shall be a person place of abode shall be unknown, withheld, or the interest of the wife

Page 112
gt
or children of the marriage require pensed with, it shall be lawful for the District Court of the district ir the property is situated for an o of or deal with such property with such court may, after summary ii tion, make such order, and that restrictions as the justice of the ca consent shall, if so ordered and tions of such order, become no lo position of or dealing with such i such petition shall require a stam stamp duty shall be required fo this section. Such order shall be s Court:
Provided, however, that in mensa et thoro has been decreed by of the husband shall not be necessa to deal with or dispose of her prop cribed by this section may be held vate room if either party so re
9. It shall be lawful for any | before or after the commencem
withstanding the relation of marri in making during the marriage an
ment of any property, whether mot in favour of the other; but; exce and wearing apparel suitable in re given to her by her husband, all settled, and all acquisitions made by means of the moneys or prope to the debts and engagements of ea and to the same extent as if such g tion had not been made or had
10. (1) If any question or husband and wife (whether marrie ment of this Ordinance) relative t Ordinance to be the separate prop apply by motion in a summary v district in which either party resi Judge may make such order, dire costs as he shall think fit, and the I so require, hear the application
(2) Any order so made shall me Court.

e that such consent should be dis
the wife to apply by petition to a which she resides or in which order authorizing her to dispose 1out her husband's consent; and nquiry into the truth of the petisubject to such conditions and se may require, whereupon such subject to the terms and condinger necessary for the valid disproperty by such woman. Every ap of ten rupees, but no further -r any legal proceedings under subject to appeal to the Supreme
any case where a separation a I a competent court, the consent ry to enable the wife so separated perty. The summary inquiry presI by the District Judge in his priquires. husband or wife (whether married nent of this Ordinance), notlage, to make or join each other y voluntary grant, gift, or settlevable or immovable, to, upon, or pt jewels, personal ornaments, spect of value of the wife's rank property so granted, gifted, or by a husband or wife out of or rty of the other, shall be subject ich spouse in the same manner rant, gift, settlement, or acquisi
not occurred. dispute shall arise between any d before or after the commenceo any property declared by this erty of the wife, either party may vay to the District Court of the des, and thereupon the District ct such inquiry, and award such District Judge may, if either party in his private room. pe subject to appeal to the Supre

Page 113
(3) Every such motion sh. but no further stamp duty shal proceedings under this section.
11. A husband or wife (w commencement of this Ordinan of this Ordinance effect a policy life or the life of his or her wife for his or her separate use; and if expressed on the face of accordingly and the contract in shall be as valid as if made wit.
12. A policy of insuran after the commencement of this (whether married before or after nance), on his own life and expr the benefit of his wife or of his shall ensure and may be deemed for her separate use and of his to the interest so expressed and of the trust remains, be subject to creditors or form part of the est
Provided that if it shall be p and the premiums paid by the h creditors, they shall be entitled an amount equal to the prem
13. A married woman ha for the purpose shall be subject t nance of her children as a widov
maintenance of her children:
Provided that nothing in thi band from any liability at present tain her children.
РА)
INHE
14. The following sections to the estate of such persons onl
ment of this Ordinance, and shal shall have been married after the

97
all require a stamp of ten rupees, 1 be required for any other legal
nether married before or after the ce) may after the commencement of insurance upon his or her own e or husband, as the case may be, the same and all benefits thereof
it to be so affected shall enure such policy with a married woman n an unmarried woman.
ce, whether effected before or : Ordinance by any married man the commencement of this Ordi,- essed upon the face of it to be for
wife and children or any of them a trust for the benefit of his wife children or any of them according shall not, so long as any object o the control of the husband or his
ate:
iroved that the policy was effected usband with intent to defraud his to receive out of the sum secured tiums so paid.
ving separate property adequate o all such liability for the maintav is now by law subject to for the
s Ordinance shall relieve her husimposed upon him by law to main
RT III
RITANCE
s of this Ordinance shall apply y as shall die after the commencei be then unmarried, or if married. commencement of this Ordinance

Page 114
15. Property devolving on of his or her parent or of any oth is called mudusam (patrimonia
| 16. Property devolving on of a relative other than a parent line is called urumai (nonpatrin
17. Property received by an or in dowry,or under a will as he in a manner other than for pecur or any of his ascendants, or any to be property derived from the
18. Property received in mu or under a will as heir or legatee, other than for pecuniary conside her ascendants, or any of her coll perty derived from the mother's
19. No property other tha to be the thediatheddam of a spou
(a) Property acquired by that
of the marriage for valual tion not forming or repre estate of that spouse.
(b) Profits arising during the su
separate estate of that sp
20. On the death of either : dam which belonged to the dec disposed of by last will or otherw spouse and the other half shall de spouse.
21. Subject to the right of t ing section mentioned, the righ following orders as respects (a) collaterals.
22. Children, grandchildre preferent to all others in the esta take equally per capita; but the cl ceased child take per stirpes.

I person by descent at the death er ancestor in the ascending line | inheritance).
a person by descent at the death
or an ancestor in the ascending nonial inheritance).
y person in mudusam, or in urumai, cir, or legatee, or in donation, or iary consideration from a father, of his collateral relations, is said
father's side.
dusam, or in urumai, or in dowry,
or in donation, or in a manner ration from a mother, or any of ateral relations, is said to be pro
side.
n the following shall be deemed
se:
I spouse during the subsistence ble consideration, such consideraesenting, any part of the separate
bsistence of the marriage from the pouse.
spouse one half of the thediathedceased spouse, and has not been ise, shall devolve on the surviving evolve on the heirs of the deceased
he surviving spouse in the precedt of inheritance is divided in the descendants, (b) ascendants, (c)
n, and remoter descendants are te of the parents. All the children nildren or remoter issue of a de

Page 115
23. The children and remo of the property the deceased deriv half of the remainder of the estat property derived from the moth shall inherit.
24. The whole of the prope mother's side and one-half of t deceased (exclusive of the proper the mother, if surviving, shall i
25. Father failing, the prop the father's side and one-half of estate (exclusive of that derive devolve upon the intestate's ful upon half-brothers and half-siste side of the father, in equal shai issue by representation, or only related to the intestate by the sid representation, if there are no issue.
26. Mother failing, the prop the mother's side and one-half o estate (exclusive of that derived fr upon the intestate's full brother brothers and half-sisters related i mother, in equal shares, and their sentation, or only on half-brother testate by the side of the mother if there are no full brothers an
27. All the persons above derived by the intestate from the remainder of the intestate's estate from the mother's side) shall dev
or grandparents of the intestate, on paternal uncles and aunts and and aunts by representation; pat issues failing, on the great-grand capita, if surviving; and failing t of the paternal grandparents an afterwards on the brothers and : ascending line of the father and tion, if surviving.
28. The property derived f half of the remainder of the int

ter descendants failing, the whole Fed from the father's side and onee of the deceased (exclusive of the er's side) the father, if surviving,
erty the deceased derived from the ne remainder of the estate of the -ty derived from the father's side)
nherit.
erty of the intestate derived from E the remainder of the intestate's d from the mother's side) shall I brothers and sisters as well as ers related to the intestate by the -es, and their children and other on half-brothers and half - sisters
e of the father and their issue by full brothers and sisters or their
perty of the intestate derived from f the remainder of the intestate's om the father's side) shall devolve s and sisters as well as on halfto the intestate by the side of the children and other issue by repres and half-sisters related to the inand their issue by representation, d sisters or their issue.
enumerated failing, the property father's side and one-half of the (exclusive of the property derived olve on the paternal grandparent , if surviving; and failing them, | the issues of the paternal uncles ernal uncles and aunts and their parent or great-grandparents per hem, on the brothers and sisters d their descendants, if surviving; sisters of the next nearest in the their descendants by representa
rom the mother's side and oneestate's estate (exclusive of that

Page 116
derived from the father's side) sha parent or grandparents, if surviviu uncles and aunts the issue of th representation; maternal uncles : on the great-grandparent or great ing; and failing them, on the bro grandparents and their descen on the brothers and sisters of the of the mother and their descen be surviving.
29. Except when otherwise who succeeded to the inheritance intestate, they take per capita a
30. (1) On failure of kindr derived from that side shall dev kindred in the order mentioned
(2) On failure of kindred on ed from that side shall devolve on order prescribed in the foregoin
31. All the persons above inheritance goes to the survivin
32. If anyone dies intest estate escheats to the Crown. If, ! even beyond the tenth degree, 1
33. Children or grandchild with their brothers and sisters hei they abandon all right to inherit : bring into hotchpot or collation their deceased parents above the
wise on the occasion of their ma them in life, unless it can be prov expressly or impliedly released a
tion.
34. Illegitimate children sł intestate mother, but not that
35. When an illegitimate p or descendants, his or her proper to the heirs of the mother so as

Il devolve on the maternal grand1g; and failing them, on maternal e maternal uncles and aunts by ind aunts and their issue failing grandparents per capita, if survivthers and sisters of the maternal lants, if surviving; afterwards next nearest in the ascending line lants by representation who may
expressly provided if all those are equally near in degree to the nd not per stirpes.
ed on the father's side, property olve on the mother and her in the preceding sections.
the mother's side, property derivi the father and his kindred in the
g sections.
e enumerated failing, the entire
g spouse, if any.
cate without heirs, his or her however, any heirs can be found they take the inheritance.
ren by representation becoming Ers to the deceased parents, unless as heirs ab intestato are bound to all that they have received from others by way of dowry or otherrriage, or to advance or establish ed that the deceased parent either ny property so given from colla
all inherit the property of their of their father.
erson leaves no surviving spouse ty will go to the mother, and then
exclude the Crown.

Page 117
36. In all questions relatin perty of an intestate where this of the Matrimonial Rights and laws as apply to the Tamil inha shall apply.
PAR LIFE I
37. When the estate of a de child, the surviving parent may c enjoy the income thereof until s
majority.
38. A surviving spouse con of the deceased spouse as stated to maintain the children till they of time or by marriage.
PA INTERPRETATI
39. In this Ordinance, unl in the subject or context--
"immovable property', inclus
and things attached to 1 to anything which is interest in the land exce
“movable property” means pr
immovable property; “matrimonial rights" means
of married parties in trol, disposition, and . to either party, or to w
during marriage; "unmarried" means not havii
All words expressive of in the womb at the tir born alive.
40. So much of the provisi law known as the Tesawalamai, section 8 of the Wills Ordinan provisions of this Ordinance a

I
g to the distribution of the proOrdinance is silent, the provisions Inheritance Ordinance, and such Ibitants of the Western Province,
T IV NTEREST
ceased parent devolves on a minor ontinue to possess the same and such child is married or attains
tinuing in possession of the estate in the last section shall be bound attain majority either by effluxion
RT V ON AND REPEAL
ess there is something repugnant
des land, incorporeal tenements, the earth or permanently fastened attached to the earth, and any pt such as arises from a mortgage;
operty of every description except
the respective rights and powers
or about the management, conalienation of property belonging which either party may be entitled
ng a husband or wife living.
relationship shall apply to a child me in question who is afterwards
ons of the collection of customary and so much of the provisions of ce, as are inconsistent with the -re hereby repealed.

Page 118
102
APPENDI
CHAPTE
THESAW ALAMAI
AN ORDINANCE TO AMEND AND CON
TION RELATING TO LANDS AFFEC
1. This Ordinance may be c emption Ordinance.
2. (1) When any immovable walamai is to be sold, the right of that is to say, the right in preferen ever to buy the property for the p value, shall be restricted to the foll sons:-
(a) the persons who are co-oWI
of the property which is t
(b) the persons who in the event
vendor will be his heirs.
(2) For the purposes of thi means all descendants, ascendants degree of succession, and inclı
(a) children, grandchildren and
(b) parents, grandparents on bot
sides and great-grandparer
(C) brothers and sisters whether
(d) uncles and aunts, and nepł
paternal and the maternal or of the half-blood.
3. The rights of pre-emption accordance with the provisions o
The right of pre-emption : a case where the property which i divided share or interest in immov

x IV
ER 64
PRE-EMPTION
ISOLIDATE THE LAW OF PRE-EMPTED BY THE “THESAWALAMAI”.
(1st July, 1948).
cited as the Thesawalamai Pre
property subject to the Thesapre-emption over such property, ce to all other persons whomso-rice proposed or at the market owing persons or classes of per
ners with the intending vendor o be sold, and
of the intestacy of the intending
s Ordinance, the term "heirs" and collaterals up to the third ides--
great-grandchildren; h the paternal and the maternal nts on all sides;
of the full or of the half-blood;
iews and nieces, both on the sides, and whether of the full
shall not be exercised save in f this Ordinance.
shall not be exercised except in s to be sold consists of an untable property, and shall in no

Page 119
case be permitted where such i by the intending vendor.
5. (1) Notice of an intentic not entitled to the right of preproperty to which section 4 appli vendor before a notary public. T cate, but the registration of it
(2) The notice shall set o prospective purchaser, but it s in addition the name of the pr
(3) A certified copy of th with by the intending vendor to t may be, of the local authority ) the land is situated.
(4) The Mayor or Chairm forwarded shall record the parti to be kept by him for that purp copy to be posted immediately
(5) A certificate under the has been duly posted on his no dence of the publication of the n nance
6. (1) Within three weeks o under section 5, any person to reserved by this Ordinance, ma in such notice and buy the prop enter into an agreement to bi
(2) Any conveyance of th ing vendor within the period of (1), in completion of a sale of w tion 5 or of a sale to any person of preemption is reserved by void and of no effect whatsoen
7. (1) If a tender made un intending vendor, and if the lan ing the tender may, on conditior the amount stated in the notice ing vendor, apply to court with by way of petition duly stampen order directing the intending ve cant.

03 vroperty is held in sole ownership
n or proposal to sell to any person
mption under this Ordinance any es shall be signed by the intending he notice shall be attested in triplishall not be obligatory. it the actual price offered by the nall not be necessary to disclose ospective purchaser. e notice shall be forwarded forthhe Mayor or Chairman, as the case vithin whose administrative limits
lan to whom the certified copy is culars set out therein in a register ose, and shall cause such certified on the notice-board of his office.
hand of the officer that the notice tice-board shall be conclusive eviotice for the purposes of this Ordi.
of the date of publication of a notice
whom the right of pre-emption is y either tender the amount stated erty from the intending vendor, or ay it.
e property executed by the intendthree weeks specified in subsection hich he has given notice under secother than one to whom the right this Ordinance, shall be null and per in law.
der section 6 is not accepted by the d remains unsold, the person makthat he has first deposited in court and tendered by him to the intend
n the period specified in section 6, 1 and verified by affidavit, for an Endor to sell the land to the appli

Page 120
10
(2) Where the applicant all by his affidavit, that the amount : ing vendor is fictitious, the deposi alleged in the petition to be the value of the land, shall be deemed the condition in subsection (1) as
(3) In the event of any sm: subsection (2), the court shall, y relating to the value of the land the inquiry into the petition, hole sufficiency of the sum deposited evidence as it may deem necessai
(4) Any order made by th subsection (3) shall be final and c directs any further sum to be depo shall be a condition precedent to 1 locutory, order, notice, or process
(5) Every petition under this ording to the rules of summary XXIV of the Civil Procedure Coc appearance or other default of 1 may, if after due inquiry it is sati be allowed, execute a conveyance and the provisions of section 333 o apply to any conveyance so execu
(6) Any conveyance of the proposed sale, executed by the in on him of an order nisi or interloo order is made in any proceedings be null and void and of no effec
8. (1) After the completion been given under section 5 or of been given under that section, th be enforced except by way of regul shall also be made a party.
(2) An action to enforce the section (1) may be instituted on a
(i) that the notice required by
the notice given was iri (ii) that the price set out in
fixed in good faith;

eges in his petition and proves tated in the notice by the intendt of such smaller sum as may be reasonable price or the market to be sufficient compliance with to the deposit of money in court.
aller sum being deposited under vithout prejudice to such issues as may have to be dealt with at la preliminary inquiry as to the
by the applicant, hearing such y for this purpose.
e court after an inquiry under onclusive; and where such order psited, compliance with the order che issue of any order nisi, inter-, in the matter of the petition.
s section shall be disposed of accprocedure laid down in Chapter de; and in the event of the nonthe intending vendor, the court sfied that the application should of the property to the applicant, f that Code shall mutatis mutandis ted.
property in completion of the tending vendor after the service cutory order and before the final ; taken under this section, shall t whatsoever in law.
of a sale of which notice has iny sale of which notice has not e right of pre-emption shall not ar action, to which the purchaser
right of pre-emption under subny of the following gounds: 'section 5 was not given or that egular or defective; he notice was fictitious or not

Page 121
(iii) that at the time of, and f
tion of the notice, the right was absent from th able time after the lapse and before the complet ered to the intending ve in the notice, and tha
9. No action to enforce a ri that the notice required by secti notice given was irregular or def tained--
(1) if the actual purchaser (
at the time of the purcl over the property pur
(2) if more than one year h
registration of the pu
| 10. No precept or order for shall be issued in any proceeding pre-emption, until proof is furni tion of the proceedings or acti with the provisions of the Regis
11. At any time after the i a right of pre-emption, the cour plaintiff to deposit the purchase : under section 5; and if the plainti amount within such period, or fu months in the aggregate, as the be struck off the roll of pendi
12. No person seeking to e way of petition or by regular ac over the property for a less amoi given under section 5 or recited of transfer executed by the vi
Provided, however, that if proved to the satisfaction of th may ascertain the actual price pa the property to be pre-empted by paid or at the market value, whi

25
or three weeks after, the publica! person seeking to enforce the e district and that within a reason
· of the said period of three weeks lon of the proposed sale, he tend
ndor the purchase amount stated t such tender was not accepted.
ght of pre-emption on the ground on 5 was not given or that the :ctive shall be instituted or main
of the land is also a person who nase had the right of pre-emption chased by him ; or
as elapsed from the date of the cchaser's deed of transfer.
the service of notice or summons s or action for enforcing a right of shed to the court of the registraon as a lis pendens in accordance tration of Documents Ordinance.
nstitution of an action to enforce it may in its discretion order the amount set out in the notice given ff makes default in depositing the rther periods not exceeding three court may allow, his action shall ng cases.
enforce a right of pre-emption by etion, shall be permitted to take ant than that stated in the notice as the consideration in the deed endor:
the amount so stated or recited is e court to be fictitious, the court d and the market value, and allow the plaintiff for the price actually chever of those is the larger.

Page 122
10
13. All co-owners and heirs shall be deemed to have an equal interest in property sold without required by section 5, and there sha among them:
Provided, however, that in the such co-owners and heirs, the cou made by any of them, if such off price paid or the market value w
14. So much of the Thesawa. 4 of 1895, entitled "An Ordinai of intended sales or other alien affected by the Thesawalamai of the as is inconsistent with the provisi repealed.

within the meaning of section 3 I right to preempt any share or
due publication of the notice 11 be no preference or precedence
event of any competition among art may accept the highest offer er is also larger than the actual =hichever of these is the larger.
lamai and of the Ordinance No. nce relating to the publication ations of Immovable Property e Northern Province of Ceylon ons of this Ordinance, is hereby

Page 123
I N D
ACQUIRED PROPERTY
Under the old Thesawalamai Under the Jaffna Matrimonia
tance Ordinance Under the Ordinance No. 58
Insurance Policy
New acquisition Valuable consideration During subsistence of marri
Gratuity Powers over thediathettam
Power to sell ... Power of lease Power to donate
Power of the Legal Represer Remedies Action for Compensation
ADOPTION
Ceremonies of Consequences Change of caste ... Right of succession
Persons who could be adopte APPLICABILITY OF THESA
Batticaloa Colombo Chetty Inhabitant
Jaffna
Malabar Mannar Northern Province
BROTHERS AND SISTERS
Right to inherit ...
CASTE
In Jaffna
CHIDENAM - see Dowry
CHILDREN
Obligations towards parents Rights of the children ...

ད7
43-52
43-44
1 Rights and Inheri
of 1947
45 45
age
49
ntative of the deceased
32-36
32 33-34
34
32-34
32
WALAMAI...
:;:;:
:;:;:;:;:;:;:;:;:;:;:
7-13 12
10 10-12
10 12
12 12-13
65
19-20
20
35-36 35-36

Page 124
10
Right to inherit Right of adopted children to i Right of illegitimate to inherit
COLLATION
COMMON LAW, when applicat
CONTRACTS
Contractual rights and liabi
woman ...
CUSTOM
As a source of law Thesawalamai and custom
DEBTS
DELICTS
DONATIONS
DOWRY
Agreement to give dowry Devolution of, on intestacy Form of deed Granted by -
father... mother
relations Origin Rights and obligations of spouse
When given
ENGLISH LAW ...
EXCHANGE
GUARDIANSHIP
Father's right to Maternal grandmother's right t Under Roman Law Under Roman-Dutch Law Under Thesawalamai
HINDU LAW
HIRE

Enherit
62-63
32 67
62
ble
ble...
در
lities of a married
26-27
ON
35,36
27
87
42
62 40-42
40
40
40
S inter se
40
1,2,5
87
29-31 30-31 30-31
29
29 29-31
87

Page 125
10
HUSBAND...
Consent of, for wife to deal w Liability of, to replace squand Power over thediathettam
ILLEGITIMATE CHILDREN.
INHERITANCE
Under the Jaffna Matrimonial R
Ordinance Applicability Collation Crown ... Illegitimate children Kinds of property
Mudusam Thediathettam Urumai
Order of succession
Descendants Parents Brothers and Sisters Grandparents Uncles and Aunts Great Grandparents Remote relations Surviving spouse Crown ...
INHABITANT - meaning of ..
INSURANCE
JAFFNA, province of
LEASES
LOANS
MALABAR inhabitant, meaning
MARRIAGE
Age Ceremonies Contractual rights of spouses Contractual liabilities of spous Consent of parents

vith her property ered property
67
S4-67
lights and Inheritance
ទនននននននននន់ ៤.៦ ៦៦
ន ន 32
ទំនងជាបាន ។
66
67
10-12
45
12-13
ដូដ ៖ ឱ ៖ RSS
49-71
87
8-10
21-28
23
24 26-27 26-27 22-23

Page 126
Consent of parties Consequences of Customary marriage Definition of Delictual liability Essentials of valid Habit and repute Polygamous marriage Prohibited degrees
MARRIAGE REGISTRATION
MARUMAKATTAYAM LAW
MATRIMONIAL RIGHTS AI ORDINANCE (JAFFNA)
MOHAMMEDAN LAW MONEY LOANS MUDUSAM
MUKKUVAR LAW
OBLIGATIONS, law of ...
OTTI MORTGAGE
Capacity to enter into Definition Duties of mortgagee Duties of mortgagor Form of Right of the parties Termination of
PARENTS
Life interest in minor child's Right to administer property Right to give consent Right to maintenance Succession by
...
PLANTER'S INTEREST
Right of a co-owner Rights of a person other than

10
22
25-28
24
21
27 21-24
24
23-24
23
I ORDINANCE
ND INHERITANCE
25,26 43, 48, 59-67
87
38-39,62-63
N
86-87
73-75
14
14
14
::::::::
: : : : : : : :
75
property of children
35 35
35
35 64-65
72-73
a co-owner
73

Page 127
III
PRE-EMPTION
Co-owner Definition
Heirs In Mohammadan Law. In Roman-Dutch Law ..
Nature of Notice of Sale Persons entitled to the right of Pre-emption action Preference among pre-emptors Termination of right of Time limit to action for enfor
SERVITUDES
Crossing into neighbour's land Overhanging trees Planter’s interest Roman Law Thesawalamai
SLAVERY ..
in Roman law among Sinhalese among Tamils in the British times duties of masters origin of rights of masters termination of
SLAVES
Koviyars ... Chandars Nallavars Pallars
SURETYSHIP
THEDIATHETTAM
---
see 1
THESAWALAMAI
Applicability of Codification of .. Contractual rights and liabiliti Customary law ... Delictual liability Dowry property in

::::::::
76-85
79 78-79
79 76-77
| 17
77-78
81
79-80
85 80 84 82
cing right
69-75
for fencing with olas
69-70
12
11
71
14-20 14-15
15
15-19
17
16
15-16
15 16 16
16
Acquircd Property
7-13
es of spouses, under
26-27
27 39-43

Page 128
...
Influence of English law on Influence of Roman-Dutch 1: Law applicable when silent Marumakattayam law and Mukkuwar law and Mohammadan law an Meaning of Mudusam Otti mortgage in Origin of Planter's interest in Pre-emption in Registration of title Servitudes Slavery under Sources of Status of wife in a court of ] Thediathettam
URUMAI
WIFE
Contractual rights and liabilit Delictual liability Inheritance Remedies of wife against hust Status in a court of law

3-5
27
22
38-39 73-74
1-2 72-73 76-85 54-59 69-75 14-20
2-6
43-52
27 26-27
38-39, 62-63
: : : : : : : : : : : : : : :
: : : : : :
: : : : : : : : : : : : : : : :
aw on
law under
I12
::::::::::::::: : : :
les
pand

Page 129


Page 130


Page 131


Page 132


Page 133

Press Review Ceylon Daily News: 10th July, 1962 ANCIENT LAWS IN MODERN SOCIETY
Tesawalamai—the laws and customs of the inhabitants of the Province of Jaffna--by
T. Sri Ramanathan -- Nadaraja Ltd.
TESAWALAMAL has been described as "a custom in derogation of the common law" of this country. Yet it is in itself a law that governs the lives of a considerable section of Ceylon's inhabitants. It is a codified system of ancient customs. The task of Mr. Sri Ramanathan a well-known proctor and notary has been to display this ancient law operating in modern environment.
The contents of his brochure – ten chapters running into 78 pages--first saw the light of day in a series of lectures he delivered at the Ceylon Law College. Its service to law student and the legal practitioner are obvious enough. What may not be so apparent is its value for all who would practise aright another kind of art—the art of true citizenship in our new Ceylon. Mr. Sri Ramanathan's work, while exhibiting a panoramic view of the laws and customs of the inhabitants of the Northern Province, offers occasional glimpses of some of the salient features in the kindred systems too. If it is good that all in Ceylon should know each other's language, mutual understanding of one another's laws could also be an advantage.
His long association with the U.N. A. of Ceylon must have afforded Mr. Sri Ramanathan an aerial view of the laws and customs of many nations; and from his chair as a Lecturer he has learned the master-craft of presenting the ramified intricacies of a complex system in language even the layman can readily follow. He has brought out a law-book; but it is a book for all.
—A. C. S.

Page 134
TESAWAI
THIS book explains the Origi of Tesawalamai; It answers does this law apply; The Ca are the requisites of marriag are the rights of spouses? Wh ship under this Law? The ceremonies of Adoption. It property ancestral and Chic
• Thediatettam". What d information on the "Ottir Pre-Emption has been expla Obligations under this law

LAMAI
ns of Tesawalamai; sources
the question to whom este System in Jaffna; What ge under this Law? What at is the Law of Guardianbook also explains the describes the division of denam. What is Dowry? oes this mean? Here is Mortgage". The Law of aned. Finally the Law of has been described.