Undugoda Jinawansa Thero v. Yatawara Piyaratna Thero – sllr 1982 volume 1 page 273

In the case between Yatawara Piyaratna Thero (Appellant) and Undugoda Jinawansa Thero (Respondent), the court addressed the issue of succession to the position of Viharadhipathi of Wattarama Vihare under Buddhist ecclesiastical law, focusing on whether declarations made under Section 41 of the Buddhist Temporalities Ordinance and their evidentiary value established the Respondent’s lawful claim. It was held that the evidentiary presumption accorded to the Respondent by virtue of documentary declarations was rebutted by the Appellant’s oral and documentary evidence, particularly due to deficiencies in the declarations and a lack of personal attestation by the relevant tutor, Siddhartha Thero. The analysis re-affirmed the principle that such statutory declarations, while prima facie evidence