Lord Phillimore :-

The suit out of which the present appeal arises concerns the title to certain properties in Colombo. It was brought by the present respondent seeking to acquire possession as against the appellant.

One Maria Felsinger, by a notarial instrument or deed poll, dated 23rd September, 1882, instituted a fide commission which, so far as is material, is in the following terms :-

"Know all men by these presents that I Maria Felsinger of Colpatty in Colombo, widow of Swarisge Marsalinoe Swaris in consideration of the natural love and affection which I have and bear unto my son Swarisge Palis Swaris otherwise called Punchimahatmaya also residing at Colpetty in Colombo of the same age of 16 years and for diverse other good causes and considerations me hereunto specially moving do hereby give grant and assign and transfer and set over unto the said Swarisge Palis Swaris his heirs, executors, administrators and assigns as a gift absolute and irrevocable under and subject to the conditions and reservations hereinafter mentioned all my share right, title and interest in and to." Then the property is described

"Together with all deeds and writings relating thereto and with all my ri