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MEERA SAIBO et al. v. PAULU SILVA. D.


MEERA SAIBO et al. v. PAULU SILVA.

MEERA SAIBO et al. v. PAULU SILVA.

D. C., Kandy, 11,868.

Sale of land-Deed of sale-Principal and attorney-Sale by power of attorney not notarially executed - Validity of sale - Ordinance No. 7 of 1840, 9. 2-" Person lawfully authorized."

A notarial conveyance of land is not void because the person who purported to sign it for his principal was not authorized thereto by a notarial power of attorney.

Withers, J.-As an exponent of the Roman-Dutch Law, Mr. Berwick D.J., has had no superior in this Island,

PAKIR MOHIDEEN, being owner of the land in suit, gifted it to three persons, by deed dated 25th January, 1870, one of whom died leaving the other two, Rahamat Umma and Abdul

Cader, as his heirs, Rahamat Umma, who was a Mohammedan lady residing in India, granted a power of attorney, dated 27th November, 1895, to her husband, who, acting as her attorney, transferred a moiety of the land to the plaintiffs by deed dated 27th November, 1897. The power of attorney appeared to have been made in Satankulam, in the District of Tinnevelly in South India, before five witnesses, and three days afterwards its execution appeared to have been ad




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