MUZANNA AND OTHERS

Vs.

KADIJA BEEBI AND OTHERS

COURT OF APPEAL
NAWAZ, J.
CA/1190/2000/F
DC GALLE 11012/P

Acceptance of gift under Muslim Law-Kadutham-Partition-Evidence Ordinance, section 90-Prevention of Frauds Ordinance, section 2

At the trial, the plaintiff relied on a dowry deed under Muslim Law known as Kadutham in olden times, which required no notarial attestation for its validity. On appeal, the validity of the document was challenged on the basis that the Kadutham was not signed and accepted by the donee.

Held:

1. Under Muslim Law, acceptance by the donee, whether express or implied, is a fundamental requirement for a gift to be valid.

2. The word "assigned" appearing just after the word "signed" opposite the name of the bridegroom on the Kadutham could be considered as an acceptance of the gift on behalf of his bride, having regard to the fact that a woman of Islamic Faith in the 19th Century would have hardly ventured out to sign a Kadutham in front of men on the day of her betrothal (Nikah).

Cases referred to:

1. Kulu Beg Afzal Beg v. Guizar Beg Lal Beg AIR 1946 NAG 357

APPEAL from the Judgment of the District Court of Galle.

Sandam