Tikiri Kumarihamy V. De Silva

[In Review. ]

Present: The Hon. Sir Joseph T. Hutchinson, Chief Justice,
Mr. Justice Wendt, and Mr. Justice Middleton.

TIKIRI KUMARIHAMY v. DE SILVA et al.

D. C, Kegalla, 1, 879.

Kandyan law-Donation for past services-Renunciation of right to revoke-Irrevocability.

A Kandyan deed of gift made in consideration of past services rendered by the donee to the donor and containing a clause renouncing the right of revocation is irrevocable.

HEARING in review of the judgment reported in (1906) 9 N. L. R. 202.

Bawa (with him Batuwantudawe), for the plaintiff, appellant.

Walter Pereira, K. G., S. -G. (with him Samarawickreme), for the defendants, respondents.

Cur. adv. vult.

March 2, 1909. Hutchinson C. J. -

This is a hearing in review. The first question debated was one of Kandyan law, as to the revocability of a deed conveying lands to the grantee in consideration of past payments and services. The defendants claim under that deed. The plaintiff claims under a subsequent deed, by which the grantor purported to revoke the earlier one. If the earlier deed was irrevocable, the plaintiff can only succeed by proving title by proscription; an

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