Ponnammal V. Pattaye Et Al .,

[FULL BENCH.]               June30,1910

Present : The Hon. Sir Joseph T. Hutchinson, Chief Justice,
Mr. Justice Middleton, and Mr. Justice
Wood Renton..

PONNAMMAL v. PATTAYE et al.

D. C, Kandy, 18,162.

Sale of immovable property by wife-Deed signed by husband-No express words signifying husband's consent-Ordinance No. 15 of 1876, s. 9.

A deed of conveyance of immovable property executed by a married woman was also signed by the husband (with a mark) under the signature of the two witnesses. The Supreme Court (Hutchinson C.J. and Middleton J., Wood Renton J. dissentiente) considered that the husband had signified his consent in writing to the transfer within the meaning of section 9 of Ordinance No. 15 of 1876.

HUTCHINSON C.J.-It is not absolutely necessary to add the words " I consent," or any other words to that effect.

WOOD RENTON J.-Section 9 is satisfied by consent in writing. It should be such a consent as will leave no need or room for oral evidence, or conflicting inferences, as to its meaning when once the signature or mark of the husband has been duly proved.

THE facts of this case are fully set out in the judgme

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