1955 Present: K. D. de Silva, J., and H. N. G. Fernando, J.

AHAYANI UMMA, Appellant, and K. S. KAMALDEEN,
Respondent

S. C. 562-D. C. Kandy, 3,899/L

Donation-Clause therein conferring benefit on a third party-Acceptance--Applicability of law relating to a contract creating a stipulation in favour of a third party.

A gift of immovable property by A to B subject to the life interests of A and C is, so far as C is concerned, a contract creating a stipulation in favour of a third party (C). The benefit of the stipulation (life interest) in C's favour may be accepted by C after the death of A.

APPEAL from a judgment of the District Court, Kandy.

H. W. Tambiah, with H. L. de Silva, for the defendant appellant.

N. D. M. Samarakoon, for the plaintiff respondent.

Cur. adv. vult.

December 8, 1955. DE SILVA, J.-

K. S. Kamaldeen the plaintiff respondent instituted this action against Ahayani Umma the defendant appellant for a declaration that he is entitled to a life interest in the premises No. 2/9, Slaughter House Road, Kandy, and for the ejectment of the defendant and for damages. The learned Additional District Judge entered judgment i