Rammenika, W.M. V. Kiri Banda, R.M.

W. M. RAMMENIKA v. R. M. KIRI BANDA.

C. R., Kurunegala, 7,814.

Civil Procedure-Framing of issues-Deed of Conveyance-Consideration other than that recited-Evidence Ordinance, s. 92.

Even where both parties to a deed of transfer of land agree that the consideration was other than that recited, but are at issue as to what it really was, it is not open to the Court to frame an issue on the latter point unless both parties consent.

THE plaintiff, a Kandyan woman, had executed a transfer in favour of her daughter and one Dingirihami, which on its face purported to be a sale of three lands to them in consideration of the sum of Rs. 300 paid to her by them.

She brought the present action for the purpose of having the said transfer cancelled and declared null and void, not on the simple ground that there was a failure of the recited consideration, but that there was no money consideration, and that the real consideration was an undertaking on the part of Dingirihami to register his marriage with the plaintiff's daughter, with whom he had been living, and that, he had failed to register the marriage, and had deserted her daughter, whereb

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