UKKU v. RANKIRI
Present : The Hon. Sir Joseph T. Hutchinson, Chief Justice,
and Mr. Justice Wendt.
UKKU v. RANKIRI et al.
D. C., Kandy, 17,688.
Estoppel by the
deed-Notarial instrument-English Law-Estoppel by conduct-Evidence Act, ss. 100
and 115.
The English Law of estoppel by deed does not apply to Ceylon.
A notarially attested instrument in Ceylon is not equivalent to a deed under seal under the English Law.
Don Cornelis v. Manuel Perera 1 and Tissera v. Tissera 2 referred to.
APPEAL from a judgment of the District Judge of Kandy. The facts sufficiently appear in the judgments.
Van Langenberg, for the plaintiff, appellant.
W. Pereira, K.C., S.-G., for the defendants, respondents.
Cur. adv. vult.
March 26, 1908. HUTCHINSON C.J.-
This is an appeal by the
plaintiff from a judgment dismissing the action as regards some of the lands
claimed.
The plaintiff says that
Sundara, her husband, died in June, 1898, being the owner by purchase of the
lands described in the plaint; that she, as his widow, is entitled to the
possession of the lands for her life; that the defendants have
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