Jayawardene V. Jayawardene Et Al.,

[IN THE PRIVY COUNCIL]

1989 Present: Lord Alness, Lord Romer, and Lord Porter

JAYAWARDENE v. JAYAWARDENE et al.

Crown lease-Prohibition against sale, donation, or mortgage without written consent of lessor-Donation by lessee without consent-Avoidance of donation-Subsequent devise by last will-Validity of devise-Estoppel.

J was the lessee of a certain allotment of land from the Crown under an indenture of lease. The lease was entered into between the Governor of Ceylon as lessor on the one part and by J as lessee (which was stated to include his heirs, executors, administrators and permitted assigns), on the other part.

The lease contained the following among other covenants:-The lessee and his aforewritten shall not sublet, sell, donate, mortgage or otherwise dispose of or deal with his interest in the lease or any portions thereof without the written consent of the lessor, and every such sublease, sale, donation, or mortgage, without such consent shall be absolutely void.

J gifted the property to his four sons, the three respondents and the appellant, without the consent of the Crown and then endeavored, without success,

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