1912 Present: Lascelles C.J. and Ennis J.

LEBBE v. THAMEEN et al.

103-D. C. Galle, 10,612.

Muhammadan law-Expert opinion-Reference to teat books where our Code is silent.

On a question of pure law (as distinguished from questions of usage or practice), where our Code of Muhammadan law is silent, the proper course is to refer to the standard text books on the subject, and not to resort to the opinions of experts.

THE respondent instituted an action for the partition of a land, and among other shares claimed a one-fourth share which at one time admittedly belonged to one Mohamed Cassim Mariatho Umma.

Mariatho Umma died leaving her surviving her paternal grand mother Howwa Umma, a paternal uncle Mohamado Koya, and two uterine sisters, the appellants (children of her mother Rahimatho Umma by a second husband Mohamado Koya).

Mohamado Koya subsequently died leaving his mother Howwa Umma and two daughters, the appellants.

In the year 1907 Howwa Umma purported to convey the one-fourth share in question to one Uduma Lebbe Marikar Mohamed Cassim, who subsequently, in 1908, purported to convey the same to the plaintiff-respondent

The plaintiff-r