INHABITANCY OF JAFFNA PATTAM

Chetty V Cheetty  (1935)

In this case court rejected the argument that “  theaswalamai  only apply for inhabitants in 1806”.Further it not applicable to another  Tamils who are from India or Ceylon settled in Jaffna Peninsula. So held that all Vannias were governed by Thesawalamai. Any Tamil who settled in Jaffna and acquire inhabitancy of Jaffna he should governed under thesawalamai.

Tharmalingam Cheety V Arunasalam Cheety  (1945)

Above case decision follow this case too. Father Ramand, who came from South India and setteled down in Jaffna long after  1806. But his son was governed by Thesawalamai.

Thesawalamai applies only within the Jaffna Peninsula ( Northern Province ) . Marisal V Savari (1878)

Held that Mannar also governed by Thesawalamai.

Out of Jaffna Pattam,  Tamils will not be governed by Thesawalamai. In Wellapulla V Sittambelam held that Batticollo & Trinco people were not governed by Thesawalamai.

Similar follows in Fernando V Proctor (1909) , A Tamil woman descended from Jaffna. Resident in Puttalam district. On the point she had not permanent residency in Northern Province . So she never comes under Thesawalamai.

Same fact analyzed in King V Perumal , he was born in India and settled down in central province in Sri-Lanka. He never comes under Thesawalamai. Because he didn’t get inhabitancy if Jaffna Pattam.

Spencer V Rajaratna (1913)

Naganathan was a son of Tamil parents who were inhabitants of Jaffna peninsula. He went Jaffna from his infant period and lived, died in Colombo. So his inhabitancy of Jaffna is insufficient to prove a person is governed by Thesawalamai. The noticeable thing is his marriage also happened in Colombo.

Savundranayagam V Savunderanayagam (1917)

Savundranayagam was born in Jaffna, his father is a Colombo chetty and lived in Jaffna. Savundranayagam who was a lawyer practiced in South India. Held: He was not governed by Thesawalamai.  But the judgment was hardly criticized by celebrated analyzer Balasingam , he argued that when law accept Vannia chetties as malabars , Colombo chetties  also considered as malabars. Because they were not another race or ethnic .

 

Vellupillai V Sivakamipillai (1910)

Principle was, A person is Jaffna inhabitants this statement was determinate not by whether he born in Jaffna parents or Outside parents. But law considers two important facts. His marriage held in Jaffna, this point not suitable in similar view of Spencer V Rajaratnam .

The needed two elements

01.Physical Factor : Any  immovable property own in Northern Province.

02.Mental Factor : A concern to accept Jaffna inhabitancy ( A Will )

Somasundram pillai V Charavanamuthu (1942)

A Jaffna Tamil was born and educated in Colombo and lived in Colombo for professional reasons. His parents had a permanent home in Jaffna. He had married in Jaffna but never kept house or any immovable property there. Held : He was not an inhabitant of Jaffna.

A person who had a permanent residence in Jaffna  and live outside for education or business proposes, he continually had his inhabitancy in Jaffna. In such a situation the relevant person by thesawalamia—Woodrenton J, in Spencer V Rajaratnam. These legal position conformed by the Supreme court in Sivaganalingam V Sundralingam (1988)