Jayawardene Et Al., V. Jayawardene

1936   Present: Moseley J. and Fernando A.J.

JAYAWARDENE et al. v. JAYAWARDENE.

238-D. C. Kalutara, 19,043.
 

Lease-Covenant prohibiting the lessee from alienating, subletting, donating, &c.- Donation by lessee without consent of lessor-Donation voidable and not void-Donation binding on donor and his heir-Executor has no right to vindicate the property.

Where the Crown leased property subject to the condition that the lessee shall not sublet, sell, donate, mortgage, or otherwise dispose of or deal with his interest without the written consent of the Crown, and that every such sublease, sale, donation, &c., without such consent shall be absolutely void,-

Held, that a donation by the lessee without the written consent of the Crown was voidable at the instance of the Crown and not absolutely void.

Held further, that the executor and residuary legatee under the last will of the lessee is bound by the donation and cannot vindicate the property from the donees.

THIS was an action brought by the executor of the last will of the late Mudaliyar J. V. G. Jayawardene to vindicate title to a property leased in 1910 to the Mudaliyar by

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