endant - respondent). Kiribindu though married in diga did not leave the mulgedera but stayed on and looked after her brother Rana's three children. Piyasena died in 1946 but Kiribindu did not re-marry. She continued to live in the Mulgedera. Her father Ukkuwa died in 1957. Rana died in 1971 leaving as heirs his three children aforesaid. In an earlier action D.C. Kegalle L/16312 in respect of another land between Rana and Kiribindu (reported in 1979 (2) N.L.R. 73) it had been held by the Supreme Court on a construction of section 9 of the Kandyan Law Declaration and Amendment Ordinance, No. 39 of 1938 that after dissolution of a marriage of a diga married woman she can re-acquire her lost right to succeed to her paternal inheritance by change of her residence to the mulgedera. The decision in L/16312 was by the District Judge held to be res Judicata in the present action which Kiribindu filed for partition of six lands on the basis of inheritance from Ukkuwa. The other questions were w