1926 Present: Lyall Grant J. and Maartensz A. J.

GUNERATNE v. YAPA

 11-D. C. Tangalla, 2,285

Donation-Birth of a child-Bight to revoke-Remuneration.

Where a person, who has no children, makes a gift of all his property, or the greater part of it, he is entitled to revoke it upon the subsequent birth of a child to him, unless he has expressly renounced his right of revocation.

THIS was an action by the plaintiff to revoke a deed of gift of property made in favour of his nephew, the defendant. The gift was made after the defendant's marriage in pursuance of a promise made some time before marriage. At the execution of the deed certain other properties were also added. The donor subsequently married, and brought the present action for the revocation of the deed on the ground, among others, that subsequent to its execution he had married and a child was born to him. The learned District Judge held with regard to the property which was not given as an inducement for the marriage the plaintiff was entitled to revoke the deed by reason of the subsequent birth of a child to him.

H. V. Perera, for defendant, appellant.

Soertsz (with Rajapakse), fo