1944 Present: Howard C.J. and Wijeyewardene J.

MOLAGODA, Appellant, and MOLAGODA, Respondent.

4-D. C. Kandy, 1,129.

Sale-Action to recover purchase price-Recital in deed that money was received- Defendant's plea that sale was, in fact, a gift.

When the plaintiff sued the defendant to recover the consideration due on a deed of transfer of property, which contained an express recital " that-the transferor had received the purchase price in full",-

Held, that it was open to the defendant to prove by oral evidence that the deed of transfer was, in fact; a deed of gift. .

PLAINTIFF, as administrator of the estate of one Kambuwatawana sued the defendant to recover a sum of Rs. 1,600. By deed P 1 of August 9, 1940, Kambuwatawana conveyed certain lands to defendant for Rs. 2,000. Plaintiff instituted this action to recover the consideration due on the deed but claimed only a sum of Rs. 1,600 giving credit to the defendant for a sum of Rs. 400 due to him as an heir of the estate. The defendant pleaded that deed P 1, was in reality a deed of gift. The learned District Judge held that the defendant was debarred from relying on oral evidence to