Babbuwa and Others vs Premadasa and Others – sllr 2008 volume 1 page 243

In the case between Babbuwa and Others (appellants) and Premadasa and Others (respondents), the issue concerned the applicability of the Kandyan Law Declaration and Amendment Ordinance No. 39 of 1938, specifically whether its provisions applied retrospectively to classify certain property as paraveni or acquired for intestate succession purposes. It was held that the Ordinance did not apply retrospectively when determining the nature of Podimenike’s property. The findings established that the property in question constituted acquired property and, upon Podimenike’s intestate death without issue, devolved solely to her father, Haramanis Appu, and not to her maternal uncle as claimed by the appellants. This decision affirmed the lower courts’ interpretation of Sections 10 and 27 of the Ordin