UKKU BANDA v. PAULIS SINGHO
Present: Dalton J. and
Jayewardene A. J.
UKKU BANDA v. PAULIS SINGHO et al.
282-D. C. Kegalla, 6,818.
Kandyan
law-A gift absolute and irrevocable-Revocability.
Where a Kandyan deed of gift was expressed in the following terms : " I, Ukku
Banda, in consideration of the love and affection which I have and bear unto
Lokuhamy, do hereby give, grant, assign, transfer, set over, and assure unto the
said Lokuhamy, her heirs, executors, administrators, and assigns as a gift
absolute and irrevocable .... to have and to hold the said shares of the said
premises hereby conveyed or intended so to be unto the said Lokuhamy, her heirs,
executors, administrators, and assigns absolutely for ever,"-
Held, that the deed was irrevocable.
PLAINTITFF
brought the present action for a
declaration of title to a land which he had in 1905 by deed P 1 gifted to his
wife, Lokuhamy. Lokuhamy died in 1922, leaving a daughter, Punchinona, who by
deed D 2 sold the land to the first defendant. In 1923, plaintiff, by deed P 2,
revoked his deed of gift. In 1924, by deed D 3, the first defendant conveyed the
land to the second defendant. Both the defendants w
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