Francisco V. Swadeshi Industrial Works, Ltd.

1951 Present: Basnayake J. and Swan J.

FRANCISCO, appellant, and SWADESHI INDUSTRIAL
WORKS, LTD., Respondent

S. C.305-D. C. Colombo, 3,759/L

Fideicommissum-Deed of gift-Prohibition against sale and mortgage only-Effect of partial prohibition-Effect of failure to designate beneficiary in case of violation of prohibition-Gift to A and his descendants and his heirs, executors, administrators and assigns and authorised persons-" Authorised persons "- Uncertainty of beneficiaries-Translation of a document into English-Not a function of the Court.

A deed of gift contained the following clause :-

" The said donee (A) and his descendants and his heirs, executors, administrators and assigns and authorised persons shall at all times subject to the rules and regulations of the Government be at liberty to transact the same among each of their co-heirs but shall not in any manner sell or mortgage any of the said lands with the intention of alienating the same and such acts are hereby cancelled."

Held, that the deed did not create a fidei commissum for the reasons-

(a) that the donee was prohibited only from selling or mort

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