KOMALIE v. KIRI
Present: Middleton J.
KOMALIE v. KIRI.
370-C. R. Matale, 9,491,
Kandyan law-Revoation of deed of gift-Special clause of disinherison- What is paraveni property ?-Acquired property.
A Kandyan woman revoked a donation of a land to her children, as they had failed and neglected to render assistance to her. Subsequently she donated it to her daughter-in-law; this deed contained a clause that none of her heirs, executors, administrators, or assigns should make any dispute with regard to the gift.
Held, that this clause had (in the circumstances) the effect of a special clause of disinherison.
A clause of disinherison is necessary only when all the paraveni lands are gifted.
THIS was an appeal from the following judgment of the Commissioner of requests, Matale (W. Dunuwille, Esq.):--
The field in dispute was the acquired property of Tikirie. She gifted it among other lands under certain condition by deed No. 19,997 dated December 30, 1905, to her niece (daughter-in-law) Komalie, the plaintiff in this action. The donor died without revoking this gift, and plaintiff claims title under this deed.
The plaintiff complains that the defendant, who is the da
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