Arumugam Pillai V. Velupillai Periyatamby Et Al.,

1945 Present: Wijeyewardene and Jayetileke JJ.

ARUMUGAM PILLAI, Appellant, and VELUPILLAI PERIYATAMBY
et al., Respondents.

23-D. C. (Inty.) Jaffna, 1,895.

Charitable trust-Deed of gift for natural affection-Conditions for performance of poojah-Prohibition against alienation by an act inter vivos- Conditions not sufficient to constitute charitable trust.

Where a deed of gift contained the following conditions: -

(1) That the said V. S. shall look after the said properties and take the rents and profits of the said properties and perform the Arthasamapoojah, which is being generally performed and which we now are performing and also the Theertam festival in the temple standing in the land.

(2) That after the lifetime of the said V. S. the person who was appointed by him in his place and, in default of such appointment
the eldest child of his descendant will have the right to perform  the duties of the said temple.

(3) That the said V. S. will have no right to sell and transfer the said properties or alienate the same by documents such as mortgage and otty or encumber or alienate the same in any other way in his lifeti

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