1922 Present: Ennis and Schneider JJ.

KIRIHENAYA v. JOTIYA,

72-D. C. Regatta, 5,798,

Kandyan law-Deed of gift-Renunciation of the rights of revocation-

A Kandyan deed of gift which expressly renounces the right of revocation, and which is not dependent on any contingency, is irrevocable.

A deed of gift is a contract, and there is no rule of law which makes it illegal for one of the parties to the contract to expressly renounce a right, which the law would otherwise give him.

IN this case the plaintiff sued the defendant for a declaration of title to the hinds described in the plaint, pleading title upon a deed of conveyance No. 20,755 dated October 5, 1922, from Kuda Ridi.

The defendant denied plaintiff's title, and pleaded title in himself, claiming the same from the donee of the said Kuda Ridi.

Kuda Ridi, the admitted owner, first gave deed of gift No. 597 (D 1), and revoked the said deed No. 597 by deed of revocation No. 20,754 (P 1), and transferred the same to the plaintiff, appellant, on deed No. 20,7.55. The defendant claimed title from the donee on deed No. 597.

The parties went to trial on the following issue: Is deed No. 59