Naina Lebbe V. Maraikar Et Al.,

Present : De Sampayo J. and Schneider A.J. 1921

NAINA LEBBE v. MARAIKAR et al.

242-D. C. Jaffna, 14,170.

Gift subject to condition that the several donees shall not alienate their shares except among themselves-Alienation by one donee to another-Re-conveyance of the share to the first donee-Deed of partition by several donees-Mortgage of a divided lot by a donee to a stranger-Safe under mortgage decree-Is mortgage in favour of stranger valid ?-Effect of partition deed and conveyance by one donee to the other.

By a deed of gift some pieces of land were gifted to three brothers, A, B, and C. The deed provided " that if they like to alienate or encumber their share by any deed, such as mortgage, or transfer, they shall do so between themselves, and not with others." In 1910 A mortgaged his share in three lands. In 1912 (July 6) A sold his interest in these lands to his brother B, who on July 20, 1912, re-conveyed the same to A. The share of C was sold in execution against him, and by a series of deeds C's wife obtained title from the purchaser at the Fiscal's sale. In 1913 A, B, C, and C's wife entered into a deed of partition,

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