Present: Ennis J. and De Sampayo A. J.

SAPAPATHIPILLAI v. TIRUMANCHANAM.

329-D. C. Batticaloa, 3, 653.

Deaf and dumb person-Capacity to execute deed of conveyance.

A deed executed by a deaf and dumb person was held to be good.

IN this case the plaintiff and appellant, claiming to be the owner of an undivided 111/120 share of a piece of land called Tirappu Valavu, sought to partition it in this suit against the minor defendant Kandavanam Thirumanchanam, appearing by his guardian ad litem the defendant and first respondent. The defendant filed answer admitting the correctness of the share allotted to the minor, but alleged that deed No. 2, 073 dated August 1, 1912 (P 3), which was executed by his stepdaughter Sanmugam Sinnatangam, who was deaf and dumb, and another, was inoperative in Jaw to pass title to the plaintiff for her 29/120 share of the land which the deed purported to convey.

The learned District Judge thereon caused notice to issue to the above-named Sanmugam Sinnatangam, and she was made an added defendant. She failed to file answer.

At the trial the District Judge (T. W. Roberts, Esq. ) tested Sinnatangam's capacity t