Jayavickreme Et Al. V. Amarasuriya

[PRIVY COUNCIL.]

Present: Earl Loreburn, Lord Atkinson, Lord Scott Dickson, and Sir Arthur Channell.

JAYAWICKREME et al. v. AMARASURIYA.

D. C. Galle, 11,862.

    Consideration-Justa causa-Compromise of threatened action-Verbal agreement to pay money-Action to enforce the verbal agreement- Agreement enforceable, though the fist threatened action was not enforceable in late-Duty of Judge to frame proper issues on the facts proved at trial.

The plaintiff averred that the defendant held certain property received by him from his mother in trust for himself and the plaintiff in equal shares; that the plaintiff had threatened to institute against him a suit to compel him, in performance of that trust, to assign to her an undivided half share of this property; that after much negotiation an amicable settlement was arrived at on the terms following: first, that the plaintiff should refrain from instituting the contemplated action, and should not assert title to any share of the aforesaid properties; and secondly, that the defendant should in consideration thereof pay her a sum of Rs. 150,000 in five yearly instalments.

The Dist

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