Present : Ennis A.C.J, and De Sampayo J.

NONAI et al. v. APPUHAMY et al.

94-D. C. Nuwara Eliya, 401.

Gift by husband and wife-Life interest reserved-Prohibition against alienation by survivor-No acceptance by donee-Gift to another person by survivor-Prescription.

A and his wife B jointly executed deed of gift in favour of plaintiffs in 1895, reserving life interest in donors and survivor, and further prohibiting alienation by survivor.

A died in 1896. On September 4, 1902, B gifted the land to C, who accepted the same and possessed the land. On September 26, 1912, B confirmed the earlier gift of 1895 by deed. The deed of 1895 was not accepted during the lifetime of A.

Held, that C's title was good.

The acceptance by plaintiffs did not relate back to vest a right of ownership in the property in the donees, from the date of the deed.
Until acceptance the plaintiffs had no estate in remainder, reversion, or otherwise which would prevent prescription running against   them.

De    Sampayo    J.-The     effect    of     non-acceptance    of     a    gift     by    a donee   is   to   entitle   the   donor   to revoke the   gift   and    make