1949 Present: Windham J. and Gratiaen J.

BISO MENIKA et al., Appellants, and PUNCHIAMMA et al,
Respondents

S. C. 294-D. C. Matale, L 125

Kandyan Law-Deed of. gift in consideration of marriage-Revocability-Kandyan Law Declaration and Amendment Ordinance, No. 39 of 1938-Sections 4 (1) and 5 (1) (b)-Meaning of " expressed to be in consideration of a future marriage ".

A deed of gift in consideration of marriage, to be irrevocable in terms of section 5 (1) (6) of the Kandyan Law Declaration and Amendment Ordinance, No. 39 of 1938, must not only be proved to be in consideration of a future marriage, but must also be " expressed to be " in consideration of a future marriage. The deed of gift must state expressly, and not merely use words from which the inference might or even must be drawn, that the gift is in. consideration of a future marriage.

APPEAL from a judgment of the District Court, Matale. Vernon Wijetunge, for plaintiffs appellants.

B. S. C. Ratwatte, for defendant respondents.

Cur. adv. vult.

October 31, 1949. WINDHAM J.-

This appeal raises a question regarding the proper interpretation to be placed on paragraph (b) of secti