TIKIRA v. TIKIRA
Present: Akbar J.
TIKIRA v. TIKIRA.
43-C. R. Kandy, 4,581.
Kandyan
law-Deed of gift-Revocation for failure to maintain-Mother and son-Compensation
for improvements.
Where, under the Kandyan law, a gift was revoked because the donee, who was a
child of the donor, failed to observe the condition of the gift as regards
maintenance,- "
Held, the donee was not entitled to compensation for improvements
effected on the land donated.
THE
plaintiff claimed the value of improvement effected
by him on a land which was gifted to him by his mother, the second defendant.
Subsequently she revoked the gift on the ground that the plaintiff had failed to
carry out the conditions of the gift, viz., to render assistance, and sold the
land to the first defendant. At the trial the plaintiff admitted the title of
the first defendant. The learned District Judge dismissed the plaintiff's
action.
N. E. Weerasooria, for plaintiff, appellant.-Roman-Dutch law, and not Kandyan
law, should be applied in this case. The District Judge having held that the
plaintiff was a bona fide possessor should have given him compensation. If it is
claimed by the defendant th
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