[IN THE PRIVY COUNCIL]

1961 Present : Viscount Simonds, Lord Tucker, Lord Cohen,
Lord Guest, Mr. L. M. D. de Silva

L. SELLATHURAI and another, Appellants, and ANNALEDCHUMY,
Respondent

Privy Council Appeal No. 34 of 1960

S. C. 134 of 1958-Application in Revision in D. C. Colombo, 360641M

Contract-Dowry deed-Portion of dowry to be given within a specified period on condition that grantees should transfer certain property to grantor-Subsequent sale of the property to a third party-Bight of grantees to sue grantor-Construction of deed-Recitals in deed-Can they be basis of a written promise ?-Prescription Ordinance, 9. 7.

A dowry deed was executed under which a part of the dowry was immediately given to the grantees (husband and wife). It further provided (if the word " give " can be interpreted not .only aa referring to an act in praesenti but also as importing a promise to pay at a future date) that when a second sum of Rs. 15,000 was paid by the grantor within a period of one year the grantees should effect a transfer of certain scheduled lands in favour of the grantor.

The sum of Rs. 15,000 was not paid to the grantees within one